[United States Senate Manual, 118th Congress]
[S. Doc. 118-1]
[Cleaves Manual of Conferences and Conference Reports]
[Pages 247-320]
[From the U.S. Government Publishing Office, www.gpo.gov]
[[Page 247]]
[275]
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UNITED STATES SENATE PROCEDURES ENACTED IN LAW
Excerpts from the United States Code \1\
\1\ Since some provisions of the most recently enacted
statutes may receive slightly different editorial treatment
in the codification process, and since a few stylistic
changes have been made in this Manual to achieve more
convenient adaptation to Senate needs, some pro forma
deviations from the exact format of the United States Code
may be noted.
[Data collected through 118th Congress,
2nd Session]
____________________________________________________________
2 u.s.c.--the congress
united states senate procedures enacted in law
TITLE 2--THE CONGRESS
Chapter 2--ORGANIZATION OF THE CONGRESS
275 Sec. 30b. Notice of objecting to proceeding
(a) In general
The Majority and Minority Leaders of the Senate or their
designees shall recognize a notice of intent of a Senator
who is a member of their caucus to object to proceeding to a
measure or matter only if the Senator--
(1) following the objection to a unanimous
consent to proceeding to, and, or passage of, a
measure or matter on their behalf, submits the
notice of intent in writing to the appropriate
leader or their designee; and
(2) not later than 6 session days after the
submission under paragraph (1), submits for
inclusion in the Congressional Record and in the
applicable calendar section described in
subsection (b) the following notice:
``I, Senator_____, intend to object to proceedings
to_____, dated_____for the following reasons_____.''
(b) Calendar
(1) In general
The Secretary of the Senate shall establish
for both the Senate Calendar of Business and the
Senate Executive Calendar a separate section
entitled ``Notice of Intent to Object to
Proceeding''.
(2) Content
The section required by paragraph (1) shall
include--
(A) the name of each Senator filing a
notice under subsection (a)(2);
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(B) the measure or matter covered by the
calendar that the Senator objects to; and
(C) the date the objection was filed.
(3) Notice
A Senator who has notified their respective
leader and who has withdrawn their objection
within the 6 session day period is not required
to submit a notification under subsection
(a)(2).
(c) Removal
A Senator may have an item with respect to the Senator
removed from a calendar to which it was added under
subsection (b) by submitting for inclusion in the
Congressional Record the following notice:
``I, Senator_____, do not object to proceed to_____,
dated_____.'' (Pub. L. 110-81, Title V, Sec. 512, Sept. 14,
2007, 121 Stat. 759.)
Chapter 9D--OFFICE OF THE SENATE LEGAL COUNSEL
276 Sec. 288d. Enforcement of Senate subpena or order
(a) Institution of civil actions
When directed to do so pursuant to section 288b(b) of
this title, the Counsel shall bring a civil action under any
statute conferring jurisdiction on any court of the United
States (including section 1365 of title 28), to enforce, to
secure a declaratory judgment concerning the validity of, or
to prevent a threatened failure or refusal to comply with,
any subpena or order issued by the Senate or a committee or
a subcommittee of the Senate authorized to issue a subpena
or order.
(b) Actions in name of committees and subcommittees
Any directive to the Counsel to bring a civil action
pursuant to subsection (a) in the name of a committee or
subcommittee of the Senate shall, for such committee or
subcommittee, constitute authorization to bring such action
within the meaning of any statute conferring jurisdiction on
any court of the United States.
(c) Consideration of resolutions authorizing actions
It shall not be in order in the Senate to consider a
resolution to direct the Counsel to bring a civil action
pursuant to subsection (a) in the name of a committee or
subcommittee unless--
(1) such resolution is reported by a
majority of the members voting, a majority being
present, of such committee or committee of which
such subcommittee is a subcommittee, and
(2) the report filed by such committee or
committee of which such subcommittee is a
subcommittee contains a statement of--
(A) the procedure followed in issuing
such subpena;
(B) the extent to which the party
subpenaed has complied with such subpena;
(C) any objections or privileges raised
by the subpenaed party; and
(D) the comparative effectiveness of
bringing a civil action under this section,
certification of a criminal action for
contempt of Congress, and initiating a
contempt proceeding before the Senate.
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(d) Rules of Senate
The provisions of subsection (c) are enacted--
(1) as an exercise of the rulemaking power
of the Senate, and, as such, they shall be
considered as part of the rules of the Senate,
and such rules shall supersede any other rule of
the Senate only to the extent that rule is
inconsistent therewith; and
(2) with full recognition of the
constitutional right of the Senate to change
such rules (so far as relating to the procedure
in the Senate) at any time, in the same manner,
and to the same extent as in the case of any
other rule of the Senate. (Pub. L. 95-521, Title
VII, Sec. 705, Oct. 26, 1978, 92 Stat. 1878;
Pub. L. 99-336, Sec. 6(a)(2), June 19, 1986, 100
Stat. 639.)
* * * * * * *
277 Sec. 288j. Consideration of resolutions to direct counsel
(a) Procedure; rules
(1) A resolution introduced pursuant to section 288b of
this title shall not be referred to a committee, except as
otherwise required under section 288d(c) of this title. Upon
introduction, or upon being reported if required under
section 288d(c) of this title, whichever is later, it shall
at any time thereafter be in order (even though a previous
motion to the same effect has been disagreed to) to move to
proceed to the consideration of such resolution. A motion to
proceed to the consideration of a resolution shall be highly
privileged and not debatable. An amendment to such motion
shall not be in order, and it shall not be in order to move
to reconsider the vote by which such motion is agreed to.
(2) With respect to a resolution pursuant to section
288b(a) of this title, the following rules apply:
(A) If the motion to proceed to the
consideration of the resolution is agreed to,
debate thereon shall be limited to not more than
ten hours, which shall be divided equally
between, and controlled by, those favoring and
those opposing the resolution. A motion further
to limit debate shall not be debatable. No
amendment to the resolution shall be in order.
No motion to recommit the resolution shall be in
order, and it shall not be in order to
reconsider the vote by which the resolution is
agreed to.
(B) Motions to postpone, made with respect
to the consideration of the resolution, and
motions to proceed to the consideration of other
business, shall be decided without debate.
(C) All appeals from the decisions of the
Chair relating to the application of the rules
of the Senate to the procedure relating to the
resolution shall be decided without debate.
(b) ``Committee'' defined
For purposes of this chapter, other than section 288b of
this title, the term ``committee'' includes standing,
select, and special committees of the Senate established by
law or resolution.
(c) Rules of the Senate
The provisions of this section are enacted--
(1) as an exercise of the rulemaking power
of the Senate, and, as such, they shall be
considered as part of the rules of the Senate,
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and such rules shall supersede any other rule of
the Senate only to the extent that rule is
inconsistent therewith; and
(2) with full recognition of the
constitutional right of the Senate to change
such rules at any time, in the same manner, and
to the same extent as in the case of any other
rule of the Senate. (Pub. L. 95-521, Title VII,
Sec. 711, Oct. 26, 1978, 92 Stat. 1882.)
Chapter 11--CITIZENS' COMMISSION ON PUBLIC SERVICE AND
COMPENSATION
278 Sec. 358. Recommendations of President with respect to pay
(1) After considering the report and recommendations of
the Commission submitted under section 357 of this title,
the President shall transmit to Congress his recommendations
with respect to the exact rates of pay, for offices and
positions within the purview of subparagraphs (A), (B), (C),
and (D) of section 356 of this title, which the President
considers to be fair and reasonable in light of the
Commission's report and recommendations, the prevailing
market value of the services rendered in the offices and
positions involved, the overall economic condition of the
country, and the fiscal condition of the Federal Government.
(2) The President shall transmit his recommendations
under this section to Congress on the first Monday after
January 3 of the first calendar year beginning after the
date on which the Commission submits its report and
recommendations to the President under section 357 of this
title. (Pub. L. 90-206, Sec. 225(h), Dec. 16, 1967, 81 Stat.
644; Pub. L. 99-190, Sec. 135(d), Dec. 19, 1985, 99 Stat.
1322; Pub. L. 101-194, Title VII, Sec. 701(f), Nov. 30,
1989, 103 Stat. 1765.)
279 Sec. 359. Effective date of recommendations of President
(1) None of the President's recommendations under
section 358 of this title shall take effect unless approved
under paragraph (2).
(2)(A) The recommendations of the President under
section 358 of this title shall be considered approved under
this paragraph if there is enacted into law a bill or joint
resolution approving such recommendations in their entirety.
This bill or joint resolution shall be passed by recorded
vote to reflect the vote of each Member of Congress thereon.
(B)(i) The provisions of this subparagraph are enacted
by the Congress--
(I) as an exercise of the rulemaking power
of the Senate and the House of Representatives
and as such shall be considered as part of the
rules of each House, and shall supersede other
rules only to the extent that they are
inconsistent therewith; and
(II) with full recognition of the
constitutional right of either House to change
the rules (so far as they relate to the
procedures of that House) at any time, in the
same manner, and to the same extent as in the
case of any other rule of that House.
(ii) During the 60-calendar-day period beginning on the
date that the President transmits his recommendations to the
Congress under section 358 of this title, it shall be in
order as a matter of highest privilege in each House of
Congress to consider a bill or joint resolution, if offered
by the majority leader of such House (or a designee),
approving such recommendations in their entirety.
(3) Except as provided in paragraph (4), any recommended
pay adjustment approved under paragraph (2) shall take
effect as of the date
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proposed by the President under section 358 of this title
with respect to such adjustment.
(4)(A) Notwithstanding the approval of the President's
pay recommendations in accordance with paragraph (2), none
of those recommendations shall take effect unless, between
the date on which the bill or resolution approving those
recommendations is signed by the President (or otherwise
becomes law) and the earliest date as of which the President
proposes (under section 358 of this title) that any of those
recommendations take effect, an election of Representatives
shall have intervened.
(B) For purposes of this paragraph, the term ``election
of Representatives'' means an election held on the Tuesday
following the first Monday of November in any even-numbered
calendar year. (Pub. L. 90-206, Sec. 225(i), Dec. 16, 1967,
81 Stat. 644; Pub. L. 95-19, Sec. 401(a), Apr. 12, 1977, 91
Stat. 45; Pub. L. 99-190, Sec. 135(e), Dec. 19, 1985, 99
Stat. 1322; Pub. L. 101-194, Title VII, Sec. 701(g), Nov.
30, 1989, 103 Stat. 1765.)
Chapter 17A--CONGRESSIONAL BUDGET AND FISCAL OPERATIONS
280 Sec. 622. Definitions
For purposes of this Act--
(1) The terms ``budget outlays'' and
``outlays'' mean, with respect to any fiscal
year, expenditures and net lending of funds
under budget authority during such year.
(2) Budget authority and new budget
authority.--
(A) In general.--The term ``budget
authority'' means the authority provided by
Federal law to incur financial obligations,
as follows:
(i) provisions of law that make
funds available for obligation and
expenditure (other than borrowing
authority), including the authority
to obligate and expend the proceeds
of offsetting receipts and
collections;
(ii) borrowing authority, which
means authority granted to a Federal
entity to borrow and obligate and
expend the borrowed funds, including
through the issuance of promissory
notes or other monetary credits;
(iii) contract authority, which
means the making of funds available
for obligation but not for
expenditure; and
(iv) offsetting receipts and
collections as negative budget
authority, and the reduction thereof
as positive budget authority.
(B) Limitations on budget authority.--
With respect to the Federal Hospital
Insurance Trust Fund, the Supplementary
Medical Insurance Trust Fund, the
Unemployment Trust Fund, and the railroad
retirement account, any amount that is
precluded from obligation in a fiscal year
by a provision of law (such as a limitation
or a benefit formula) shall not be budget
authority in that year.
(C) New budget authority.--The term
``new budget authority'' means, with respect
to a fiscal year--
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(i) budget authority that first
becomes available for obligation in
that year, including budget
authority that becomes available in
that year as a result of a
reappropriation; or
(ii) a change in any account in
the availability of unobligated
balances of budget authority carried
over from a prior year, resulting
from a provision of law first
effective in that year; and includes
a change in the estimated level of
new budget authority provided in
indefinite amounts by existing law.
(3) The term ``tax expenditures'' means
those revenue losses attributable to provisions
of the Federal tax laws which allow a special
exclusion, exemption, or deduction from gross
income or which provide a special credit, a
preferential rate of tax, or a deferral of tax
liability; and the term ``tax expenditures
budget'' means an enumeration of such tax
expenditures.
(4) The term ``concurrent resolution on the
budget'' means--
(A) a concurrent resolution setting
forth the congressional budget for the
United States Government for a fiscal year
as provided in section 632 of this title;
and
(B) any other concurrent resolution
revising the congressional budget for the
United States Government for a fiscal year
as described in section 635 of this title.
(5) The term ``appropriation act'' means an
Act referred to in section 105 of title 1.
(6) The term ``deficit'' means, with respect
to a fiscal year, the amount by which outlays
exceeds receipts during that year.
(7) The term ``surplus'' means, with respect
to a fiscal year, the amount by which receipts
exceeds outlays during that year.
(8) The term ``government-sponsored
enterprise'' means a corporate entity created by
a law of the United States that--
(A)(i) has a Federal charter authorized
by law;
(ii) is privately owned, as evidenced by
capital stock owned by private entities or
individuals;
(iii) is under the direction of a board
of directors, a majority of which is elected
by private owners;
(iv) is a financial institution with
power to--
(I) make loans or loan
guarantees for limited purposes such
as to provide credit for specific
borrowers or one sector; and
(II) raise funds by borrowing
(which does not carry the full faith
and credit of the Federal
Government) or to guarantee the debt
of others in unlimited amounts; and
(B)(i) does not exercise powers that are
reserved to the Government as sovereign
(such as the power to tax or to regulate
interstate commerce);
(ii) does not have the power to commit
the Government financially (but it may be a
recipient of a loan guarantee commitment
made by the Government); and
(iii) has employees whose salaries and
expenses are paid by the enterprise and are
not Federal employees subject to title 5.
(9) The term ``entitlement authority''
means--
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(A) the authority to make payments
(including loans and grants), the budget
authority for which is not provided for in
advance by appropriation Acts, to any person
or government if, under the provisions of
the law containing that authority, the
United States is obligated to make such
payments to persons or governments who meet
the requirements established by that law;
and
(B) the food stamp program.
(10) The term ``credit authority'' means
authority to incur direct loan obligations or to
incur primary loan guarantee commitments.
(11) The terms ``emergency'' and
``unanticipated'' have the meanings given to
such terms in section 900(c) of this title.
(Pub. L. 93-344, Sec. 3, July 12, 1974, 88 Stat.
299; Aug. 1, 1946, ch. 724, Title I,
Sec. 302(c), as added Pub. L. 95-110, Sec. 1,
Sept. 20, 1977, 91 Stat. 884, renumbered Title
I, Pub. L. 102-486, Title IX, Sec. 902(a)(8),
Oct. 24, 1992, 106 Stat. 2944; Pub. L. 99-177,
Title II, Sec. Sec. 201(a), 232(b), Dec. 12,
1985, 99 Stat. 1039, 1062; Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L.
100-119, Title I, Sec. 106(a), Sept. 29, 1987,
101 Stat. 780; Pub. L. 100-203, Title VIII,
Sec. 8003(c), Dec. 22, 1987, 101 Stat. 1330-282;
Pub. L. 101-508, Title XIII,
Sec. Sec. 13112(a)(2), 13201(b)(1), 13211(a),
Nov. 5, 1990, 104 Stat. 1388-607, 1388-614,
1388-620; Pub. L. 105-33, Title X, Sec. 10101,
Aug. 5, 1997, 111 Stat. 678; Pub. L. 112-25,
Title I, Sec. 105(b), Aug. 2, 2011, 125 Stat.
247.)
281 Sec. 631. Timetable
The timetable with respect to the congressional budget
process for any fiscal year is as follows:
------------------------------------------------------------------------
On or before: Action to be completed:
------------------------------------------------------------------------
First Monday in February............. President submits his budget.
February 15.......................... Congressional Budget Office
submits report to Budget
Committees.
Not later than 6 weeks after Committees submit views and
President submits budget. estimates to Budget Committees.
April 1.............................. Senate Budget Committee reports
concurrent resolution on the
budget.
April 15............................. Congress completes action on
concurrent resolution on the
budget.
May 15............................... Annual appropriation bills may be
considered in the House.
June 10.............................. House Appropriations Committee
reports last annual
appropriation bill.
June 15.............................. Congress completes action on
reconciliation legislation.
June 30.............................. House completes action on annual
appropriation bills.
October 1............................ Fiscal year begins.
------------------------------------------------------------------------
(Pub. L. 93-344, Title III, Sec. 300, July 12, 1974, 88
Stat. 306; Pub. L. 99-177, Title II, Sec. 201(b), Dec. 12,
1985, 99 Stat. 1040; Pub. L. 101-508, Title XIII,
13112(a)(4), Nov. 5, 1990, 104 Stat. 1388-608; Pub. L. 105-
33, Title X, Sec. 10104(a), Aug. 5, 1997, 111 Stat. 679.)
282 Sec. 632. Annual adoption of concurrent resolution on the
budget
(a) Content of concurrent resolution on the budget
On or before April 15 of each year, the Congress shall
complete action on a concurrent resolution on the budget for
the fiscal year beginning on October 1 of such year. The
concurrent resolution shall set forth
[[Page 254]]
appropriate levels for the fiscal year beginning on October
1 of such year and for at least each of the 4 ensuing fiscal
years for the following--
(1) totals of new budget authority and
outlays;
(2) total Federal revenues and the amount,
if any, by which the aggregate level of Federal
revenues should be increased or decreased by
bills and resolutions to be reported by the
appropriate committees;
(3) the surplus or deficit in the budget;
(4) new budget authority and outlays for
each major functional category, based on
allocations of the total levels set forth
pursuant to paragraph (1);
(5) the public debt;
(6) for purposes of Senate enforcement under
this subchapter, outlays of the old-age,
survivors, and disability insurance program
established under title II of the Social
Security Act [42 U.S.C. 401 et seq.] for the
fiscal year of the resolution and for each of
the 4 succeeding fiscal years; and
(7) for purposes of Senate enforcement under
this subchapter, revenues of the old-age,
survivors, and disability insurance program
established under title II of the Social
Security Act (and the related provisions of the
Internal Revenue Code of 1986 [26 U.S.C. 1 et
seq.]) for the fiscal year of the resolution and
for each of the 4 succeeding fiscal years.
The concurrent resolution shall not include the outlays and
revenue totals of the old-age, survivors, and disability
insurance program established under title II of the Social
Security Act or the related provisions of the Internal
Revenue Code of 1986 in the surplus or deficit totals
required by this subsection or in any other surplus or
deficit totals required by this subchapter.
(b) Additional matters in concurrent resolution
The concurrent resolution on the budget may--
(1) set forth, if required by subsection
(f), the calendar year in which, in the opinion
of the Congress, the goals for reducing
unemployment set forth in section 4(b) of the
Employment Act of 1946 [15 U.S.C. 1022a(b)]
should be achieved;
(2) include reconciliation directives
described in section 641 of this title;
(3) require a procedure under which all or
certain bills or resolutions providing new
budget authority or new entitlement authority
for such fiscal year shall not be enrolled until
the Congress has completed action on any
reconciliation bill or reconciliation resolution
or both required by such concurrent resolution
to be reported in accordance with section 641(b)
of this title;
(4) set forth such other matters, and
require such other procedures, relating to the
budget, as may be appropriate to carry out the
purposes of this Act;
(5) include a heading entitled ``Debt
Increase as Measure of Deficit'' in which the
concurrent resolution shall set forth the
amounts by which the debt subject to limit (in
section 3101 of title 31) has increased or would
increase in each of the relevant fiscal years;
(6) include a heading entitled ``Display of
Federal Retirement Trust Fund Balances'' in
which the concurrent resolution shall set forth
the balances of the Federal retirement trust
funds;
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(7) set forth procedures in the Senate
whereby committee allocations, aggregates, and
other levels can be revised for legislation if
that legislation would not increase the deficit,
or would not increase the deficit when taken
with other legislation enacted after the
adoption of the resolution, for the first fiscal
year or the total period of fiscal years covered
by the resolution;
(8) set forth procedures to effectuate pay-
as-you-go in the House of Representatives; and
(9) set forth direct loan obligation and
primary loan guarantee commitment levels.
(c) Consideration of procedures or matters which have effect
of changing any rule of House
If the Committee on the Budget of the House of
Representatives reports any concurrent resolution on the
budget which includes any procedure or matter which has the
effect of changing any rule of the House of Representatives,
such concurrent resolution shall then be referred to the
Committee on Rules with instructions to report it within
five calendar days (not counting any day on which the House
is not in session). The Committee on Rules shall have
jurisdiction to report any concurrent resolution referred to
it under this paragraph with an amendment or amendments
changing or striking out any such procedure or matter.
(d) Views and estimates of other committees
Within 6 weeks after the President submits a budget
under section 1105(a) of title 31, or at such time as may be
requested by the Committee on the Budget, each committee of
the House of Representatives having legislative jurisdiction
shall submit to the Committee on the Budget of the House and
each committee of the Senate having legislative jurisdiction
shall submit to the Committee on the Budget of the Senate
its views and estimates (as determined by the committee
making such submission) with respect to all matters set
forth in subsections (a) and (b) which relate to matters
within the jurisdiction or functions of such committee. The
Joint Economic Committee shall submit to the Committees on
the Budget of both Houses its recommendations as to the
fiscal policy appropriate to the goals of the Employment Act
of 1946 [15 U.S.C. 1021 et seq.]. Any other committee of the
House of Representatives or the Senate may submit to the
Committee on the Budget of its House, and any joint
committee of the Congress may submit to the Committees on
the Budget of both Houses, its views and estimates with
respect to all matters set forth in subsections (a) and (b)
which relate to matters within its jurisdiction or
functions. Any Committee of the House of Representatives or
the Senate that anticipates that the committee will consider
any proposed legislation establishing, amending, or
reauthorizing any Federal program likely to have a
significant budgetary impact on any State, local, or tribal
government, or likely to have a significant financial impact
on the private sector, including any legislative proposal
submitted by the executive branch likely to have such a
budgetary or financial impact, shall include its views and
estimates on that proposal to the Committee on the Budget of
the applicable House.
[[Page 256]]
(e) Hearings and report
(1) In general
In developing the concurrent resolution on
the budget referred to in subsection (a) for
each fiscal year, the Committee on the Budget of
each House shall hold hearings and shall receive
testimony from Members of Congress and such
appropriate representatives of Federal
departments and agencies, the general public,
and national organizations as the committee
deems desirable. Each of the recommendations as
to short-term and medium-term goals set forth in
the report submitted by the members of the Joint
Economic Committee under subsection (d) may be
considered by the Committee on the Budget of
each House as part of its consideration of such
concurrent resolution, and its report may
reflect its views thereon, including its views
on how the estimates of revenues and levels of
budget authority and outlays set forth in such
concurrent resolution are designed to achieve
any goals it is recommending.
(2) Required contents of report
The report accompanying the resolution shall
include--
(A) a comparison of the levels of total
new budget authority, total outlays, total
revenues, and the surplus or deficit for
each fiscal year set forth in the resolution
with those requested in the budget submitted
by the President;
(B) with respect to each major
functional category, an estimate of total
new budget authority and total outlays, with
the estimates divided between discretionary
and mandatory amounts;
(C) the economic assumptions that
underlie each of the matters set forth in
the resolution and any alternative economic
assumptions and objectives the committee
considered;
(D) information, data, and comparisons
indicating the manner in which, and the
basis on which, the committee determined
each of the matters set forth in the
resolution;
(E) the estimated levels of tax
expenditures (the tax expenditures budget)
by major items and functional categories for
the President's budget and in the
resolution; and
(F) allocations described in section
633(a) of this title.
(3) Additional contents of report
The report accompanying the resolution may
include--
(A) a statement of any significant
changes in the proposed levels of Federal
assistance to State and local governments;
(B) an allocation of the level of
Federal revenues recommended in the
resolution among the major sources of such
revenues;
(C) information, data, and comparisons
on the share of total Federal budget outlays
and of gross domestic product devoted to
investment in the budget submitted by the
President and in the resolution;
(D) the assumed levels of budget
authority and outlays for public buildings,
with a division between amounts for
construction and repair and for rental
payments; and
(E) other matters, relating to the
budget and to fiscal policy, that the
committee deems appropriate.
[[Page 257]]
(f) Achievement of goals for reducing unemployment
(1) If, pursuant to section 4(c) of the Employment Act
of 1946 [15 U.S.C. 1022a(c)], the President recommends in
the Economic Report that the goals for reducing unemployment
set forth in section 4(b) of such Act [15 U.S.C. 1022a(b)]
be achieved in a year after the close of the five-year
period prescribed by such subsection, the concurrent
resolution on the budget for the fiscal year beginning after
the date on which such Economic Report is received by the
Congress may set forth the year in which, in the opinion of
the Congress, such goals can be achieved.
(2) After the Congress has expressed its opinion
pursuant to paragraph (1) as to the year in which the goals
for reducing unemployment set forth in section 4(b) of the
Employment Act of 1946 [15 U.S.C. 1022a(b)] can be achieved,
if, pursuant to section 4(e) of such Act [15 U.S.C.
1022a(e)], the President recommends in the Economic Report
that such goals be achieved in a year which is different
from the year in which the Congress has expressed its
opinion that such goals should be achieved, either in its
action pursuant to paragraph (1) or in its most recent
action pursuant to this paragraph, the concurrent resolution
on the budget for the fiscal year beginning after the date
on which such Economic Report is received by the Congress
may set forth the year in which, in the opinion of the
Congress, such goals can be achieved.
(3) It shall be in order to amend the provision of such
resolution setting forth such year only if the amendment
thereto also proposes to alter the estimates, amounts, and
levels (as described in subsection (a)) set forth in such
resolution in germane fashion in order to be consistent with
the economic goals (as described in sections 3(a)(2) and
4(b) of the Employment Act of 1946 [15 U.S.C. 1022(a)(2),
1022a(b)]) which such amendment proposes can be achieved by
the year specified in such amendment.
(g) Economic assumptions
(1) It shall not be in order in the Senate to consider
any concurrent resolution on the budget for a fiscal year,
or any amendment thereto, or any conference report thereon,
that sets forth amounts and levels that are determined on
the basis of more than one set of economic and technical
assumptions.
(2) The joint explanatory statement accompanying a
conference report on a concurrent resolution on the budget
shall set forth the common economic assumptions upon which
such joint statement and conference report are based, or
upon which any amendment contained in the joint explanatory
statement to be proposed by the conferees in the case of
technical disagreement, is based.
(3) Subject to periodic reestimation based on changed
economic conditions or technical estimates, determinations
under titles III and IV of the Congressional Budget Act of
1974 [2 U.S.C. 631 et seq., 651 et seq.] shall be based upon
such common economic and technical assumptions.
(h) Budget Committee's consultation with committees
The Committee on the Budget of the House of
Representatives shall consult with the committees of its
House having legislative jurisdiction during the
preparation, consideration, and enforcement of the
concurrent
[[Page 258]]
resolution on the budget with respect to all matters which
relate to the jurisdiction or functions of such committees.
(i) Social security point of order
It shall not be in order in the Senate to consider any
concurrent resolution on the budget (or amendment, motion,
or conference report on the resolution) that would decrease
the excess of social security revenues over social security
outlays in any of the fiscal years covered by the concurrent
resolution. No change in chapter 1 of the Internal Revenue
Code of 1986 [26 U.S.C. 1 et seq.] shall be treated as
affecting the amount of social security revenues unless such
provision changes the income tax treatment of social
security benefits. (Pub. L. 93-344, Title III, Sec. 301,
July 12, 1974, 88 Stat. 306; Pub. L. 95-523, Title III,
Sec. Sec. 303(a), 304, Oct. 27, 1978, 92 Stat. 1905, 1906;
Pub. L. 99-177, Title II, Sec. 201(b), Dec. 12, 1985, 99
Stat. 1040; Pub. L. 100-119, Title I, Sec. 106(d), Title II,
Sec. 208(a), Sept. 29, 1987, 101 Stat. 781, 786; Pub. L.
100-418, Title V, Sec. 5302, Aug. 23, 1988, 102 Stat. 1462;
Pub. L. 101-508, Title XIII, Sec. 13112(a)(5), 13203, 13204,
13301(b), 13303(a), (b), Nov. 5, 1990, 104 Stat. 1388-608,
1388-615, 1388-616, 1388-623, 1388-625; Pub. L. 104-4, Title
I, Sec. 102(2), Mar. 22, 1995, 109 Stat. 62; Pub. L. 105-33,
Title X, Sec. 10105(a)-(f)(1), Aug. 5, 1997, 111 Stat. 679,
680; Pub. L. 113-67, div. A, Title I, Sec. 122(1), (2), Dec.
26, 2013, 127 Stat. 1175.)
283 Sec. 633. Committee allocations
(a) Committee spending allocations
(1) Allocation among committees
The joint explanatory statement accompanying
a conference report on a concurrent resolution
on the budget shall include an allocation,
consistent with the resolution recommended in
the conference report, of the levels for the
first fiscal year of the resolution, for at
least each of the ensuing 4 fiscal years, and a
total for that period of fiscal years (except in
the case of the Committee on Appropriations only
for the fiscal year of that resolution) of--
(A) total new budget authority; and
(B) total outlays;
among each committee of the House of Representatives
or the Senate that has jurisdiction over legislation
providing or creating such amounts.
(2) No double counting
In the House of Representatives, any item
allocated to one committee may not be allocated
to another committee.
(3) Further division of amounts
(A) In the Senate
In the Senate, the amount allocated to
the Committee on Appropriations shall be
further divided among the categories
specified in section 900(c)(4) of this title
and shall not exceed the limits for each
category set forth in section 901(c) of this
title.
(B) In the House
In the House of Representatives, the
amounts allocated to each committee for each
fiscal year, other than the Committee on
Appropriations, shall be further divided
between amounts provided or required by law
on the date of filing of that conference
report and amounts not so provided or
required. The
[[Page 259]]
amounts allocated to the Committee on
Appropriations shall be further divided--
(i) between discretionary and
mandatory amounts or programs, as
appropriate; and
(ii) consistent with the
categories specified in section
900(c)(4) of this title.
(4) Amounts not allocated
In the House of Representatives or the
Senate, if a committee receives no allocation of
new budget authority or outlays, that committee
shall be deemed to have received an allocation
equal to zero for new budget authority or
outlays.
(5) Adjusting allocation of discretionary spending in
the House of Representatives
(A) If a concurrent resolution on the budget
is not adopted by April 15, the chairman of the
Committee on the Budget of the House of
Representatives shall submit to the House, as
soon as practicable, an allocation under
paragraph (1) to the Committee on Appropriations
consistent with the discretionary spending
levels in the most recently agreed to concurrent
resolution on the budget for the appropriate
fiscal year covered by that resolution.
(B) As soon as practicable after an
allocation under paragraph (1) is submitted
under this section, the Committee on
Appropriations shall make suballocations and
report those suballocations to the House of
Representatives.
(b) Suballocations by Appropriations Committees
As soon as practicable after a concurrent resolution on
the budget is agreed to, the Committee on Appropriations of
each House (after consulting with the Committee on
Appropriations of the other House) shall suballocate each
amount allocated to it for the budget year under subsection
(a) among its subcommittees. Each Committee on
Appropriations shall promptly report to its House
suballocations made or revised under this subsection. The
Committee on Appropriations of the House of Representatives
shall further divide among its subcommittees the divisions
made under subsection (a)(3)(B) and promptly report those
divisions to the House.
(c) Point of order
After the Committee on Appropriations has received an
allocation pursuant to subsection (a) for a fiscal year, it
shall not be in order in the House of Representatives or the
Senate to consider any bill, joint resolution, amendment,
motion, or conference report within the jurisdiction of that
committee providing new budget authority for that fiscal
year, until that committee makes the suballocations required
by subsection (b).
(d) Subsequent concurrent resolutions
In the case of a concurrent resolution on the budget
referred to in section 635 of this title, the allocations
under subsection (a) and the subdivisions under subsection
(b) shall be required only to the extent necessary to take
into account revisions made in the most recently agreed to
concurrent resolution on the budget.
[[Page 260]]
(e) Alteration of allocations
At any time after a committee reports the allocations
required to be made under subsection (b), such committee may
report to its House an alteration of such allocations. Any
alteration of such allocations must be consistent with any
actions already taken by its House on legislation within the
committee's jurisdiction.
(f) Legislation subject to point of order
(1) In the House of Representatives
After the Congress has completed action on a
concurrent resolution on the budget for a fiscal
year, it shall not be in order in the House of
Representatives to consider any bill, joint
resolution, or amendment providing new budget
authority for any fiscal year, or any conference
report on any such bill or joint resolution,
if--
(A) the enactment of such bill or
resolution as reported;
(B) the adoption and enactment of such
amendment; or
(C) the enactment of such bill or
resolution in the form recommended in such
conference report,
would cause the applicable allocation of new budget
authority made under subsection (a) or (b) for the
first fiscal year or the total of fiscal years to be
exceeded.
(2) In the Senate
After a concurrent resolution on the budget
is agreed to, it shall not be in order in the
Senate to consider any bill, joint resolution,
amendment, motion, or conference report that
would cause--
(A) in the case of any committee except
the Committee on Appropriations, the
applicable allocation of new budget
authority or outlays under subsection (a)
for the first fiscal year or the total of
fiscal years to be exceeded; or
(B) in the case of the Committee on
Appropriations, the applicable suballocation
of new budget authority or outlays under
subsection (b) to be exceeded.
(g) Pay-as-you-go exception in the House
(1) In general
(A) Subsection (f)(1) and, after April 15,
section 634(a) of this title shall not apply to
any bill or joint resolution, as reported,
amendment thereto, or conference report thereon
if, for each fiscal year covered by the most
recently agreed to concurrent resolution on the
budget--
(i) the enactment of that bill or
resolution as reported;
(ii) the adoption and enactment of that
amendment; or
(iii) the enactment of that bill or
resolution in the form recommended in that
conference report,
would not increase the deficit, and, if the sum of
any revenue increases provided in legislation
already enacted during the current session (when
added to revenue increases, if any, in excess of any
outlay increase provided by the legislation proposed
for consideration) is at least as great as the sum
of the amount, if any, by which the aggregate level
of Federal revenues should be increased as set forth
in that concurrent resolution and the amount, if
any, by which revenues are to be increased pursuant
to pay-as-you-go procedures under section 632(b)(8)
of this title, if included in that concurrent
resolution.
[[Page 261]]
(B) Section 642(a) of this title, as that
section applies to revenues, shall not apply to
any bill, joint resolution, amendment thereto,
or conference report thereon if, for each fiscal
year covered by the most recently agreed to
concurrent resolution on the budget--
(i) the enactment of that bill or
resolution as reported;
(ii) the adoption and enactment of that
amendment; or
(iii) the enactment of that bill or
resolution in the form recommended in that
conference report,
would not increase the deficit, and, if the sum of
any outlay reductions provided in legislation
already enacted during the current session (when
added to outlay reductions, if any, in excess of any
revenue reduction provided by the legislation
proposed for consideration) is at least as great as
the sum of the amount, if any, by which the
aggregate level of Federal outlays should be reduced
as required by that concurrent resolution and the
amount, if any, by which outlays are to be reduced
pursuant to pay-as-you-go procedures under section
632(b)(8) of this title, if included in that
concurrent resolution.
(2) Revised allocations
(A) As soon as practicable after Congress
agrees to a bill or joint resolution that would
have been subject to a point of order under
subsection (f)(1) but for the exception provided
in paragraph (1)(A) or would have been subject
to a point of order under section 642(a) of this
title but for the exception provided in
paragraph (1)(B), the chairman of the Committee
on the Budget of the House of Representatives
shall file with the House appropriately revised
allocations under subsection (a) and revised
functional levels and budget aggregates to
reflect that bill.
(B) Such revised allocations, functional
levels, and budget aggregates shall be
considered for the purposes of this Act as
allocations, functional levels, and budget
aggregates contained in the most recently agreed
to concurrent resolution on the budget. (Pub. L.
93-344, Title III, Sec. 302, July 12, 1974, 88
Stat. 308; Pub. L. 99-177, Title II,
Sec. 201(b), Dec. 12, 1985, 99 Stat. 1044; Pub.
L. 101-508, Title XIII, Sec. Sec. 13112(a)(6),
(7), 13201(b)(2), (3), 13207(a)(1)(A), (B), (2),
13303(c), Nov. 5, 1990, 104 Stat. 1388-608,
1388-614, 1388-617, 1388-618, 1388-625; Pub. L.
105-33, Title X, Sec. 10106, Aug. 5, 1997, 111
Stat. 680; Pub. L. 113-67, div. A, Title I,
Sec. 122(3), Dec. 26, 2013, 127 Stat. 1175.)
284 Sec. 634. Concurrent resolution on the budget must be
adopted before budget-related legislation is considered
(a) In general
Until the concurrent resolution on the budget for a
fiscal year has been agreed to, it shall not be in order in
the House of Representatives, with respect to the first
fiscal year covered by that resolution, or the Senate, with
respect to any fiscal year covered by that resolution, to
consider any bill or joint resolution, amendment or motion
thereto, or conference report thereon that--
(1) first provides new budget authority for
that fiscal year;
(2) first provides an increase or decrease
in revenues during that fiscal year;
[[Page 262]]
(3) provides an increase or decrease in the
public debt limit to become effective during
that fiscal year;
(4) in the Senate only, first provides new
entitlement authority for that fiscal year; or
(5) in the Senate only, first provides for
an increase or decrease in outlays for that
fiscal year.
(b) Exceptions in House
In the House of Representatives, subsection (a) does not
apply--
(1)(A) to any bill or joint resolution, as
reported, providing advance discretionary new
budget authority that first becomes available
for the first or second fiscal year after the
budget year; or
(B) to any bill or joint resolution, as
reported, first increasing or decreasing
revenues in a fiscal year following the fiscal
year to which the concurrent resolution applies;
(2) after May 15, to any general
appropriation bill or amendment thereto; or
(3) to any bill or joint resolution unless
it is reported by a committee.
(c) Application to appropriation measures in Senate
(1) In general
Until the concurrent resolution on the
budget for a fiscal year has been agreed to and
an allocation has been made to the Committee on
Appropriations of the Senate under section
633(a) of this title for that year, it shall not
be in order in the Senate to consider any
appropriation bill or joint resolution,
amendment or motion thereto, or conference
report thereon for that year or any subsequent
year.
(2) Exception
Paragraph (1) does not apply to
appropriations legislation making advance
appropriations for the first or second fiscal
year after the year the allocation referred to
in that paragraph is made. (Pub. L. 93-344,
Title III, Sec. 303, July 12, 1974, 88 Stat.
309; Pub. L. 99-177, Title II, Sec. 201(b), Dec.
12, 1985, 99 Stat. 1046; Pub. L. 101-508, Title
XIII, Sec. Sec. 13205, 13207(a)(1)(C), Nov. 5,
1990, 104 Stat. 1388-616, 1388-617; Pub. L. 105-
33, Title X, Sec. 10107(a), Aug. 5, 1997, 111
Stat. 683.)
285 Sec. 635. Permissible revisions of concurrent resolutions on
the budget
At any time after the concurrent resolution on the
budget for a fiscal year has been agreed to pursuant to
section 632 of this title, and before the end of such fiscal
year, the two Houses may adopt a concurrent resolution on
the budget which revises or reaffirms the concurrent
resolution on the budget for such fiscal year most recently
agreed to. (Pub. L. 93-344, Title III, Sec. 304, July 12,
1974, 88 Stat. 310; Pub. L. 99-177, Title II, Sec. 201(b),
Dec. 12, 1985, 99 Stat. 1047; Pub. L. 100-119, Title II,
Sec. 208(b), Sept. 29, 1987, 101 Stat. 786; Pub. L. 101-508,
Title XIII, Sec. 13112(a)(8), Nov. 5, 1990, 104 Stat. 1388-
608; Pub. L. 105-33, Title X, Sec. 10108, Aug. 5, 1997, 111
Stat. 684.)
[[Page 263]]
286 Sec. 636. Provisions relating to consideration of concurrent
resolutions on the budget
(a) Procedure in House after report of Committee; debate
(1) When a concurrent resolution on the budget has been
reported by the Committee on the Budget of the House of
Representatives and has been referred to the appropriate
calendar of the House, it shall be in order on any day
thereafter, subject to clause 4 of rule XIII of the Rules of
the House of Representatives, to move to proceed to the
consideration of the concurrent resolution. The motion is
highly privileged and is not debatable. An amendment to the
motion is not in order and it is not in order to move to
reconsider the vote by which the motion is agreed to or
disagreed to.
(2) General debate on any concurrent resolution on the
budget in the House of Representatives shall be limited to
not more than 10 hours, which shall be divided equally
between the majority and minority parties, plus such
additional hours of debate as are consumed pursuant to
paragraph (3). A motion further to limit debate is not
debatable. A motion to recommit the concurrent resolution is
not in order, and it is not in order to move to reconsider
the vote by which the concurrent resolution is agreed to or
disagreed to.
(3) Following the presentation of opening statements on
the concurrent resolution on the budget for a fiscal year by
the chairman and ranking minority member of the Committee on
the Budget of the House, there shall be a period of up to
four hours for debate on economic goals and policies.
(4) Only if a concurrent resolution on the budget
reported by the Committee on the Budget of the House sets
forth the economic goals (as described in sections
1022(a)(2) and 1022a(b) of title 15) which the estimates,
amounts, and levels (as described in section 632(a) of this
title) set forth in such resolution are designed to achieve,
shall it be in order to offer to such resolution an
amendment relating to such goals, and such amendment shall
be in order only if it also proposes to alter such
estimates, amounts, and levels in germane fashion in order
to be consistent with the goals proposed in such amendment.
(5) Consideration of any concurrent resolution on the
budget by the House of Representatives shall be in the
Committee of the Whole, and the resolution shall be
considered for amendment under the five-minute rule in
accordance with the applicable provisions of rule XVIII of
the Rules of the House of Representatives. After the
Committee rises and reports the resolution back to the
House, the previous question shall be considered as ordered
on the resolution and any amendments thereto to final
passage without intervening motion; except that it shall be
in order at any time prior to final passage (notwithstanding
any other rule or provision of law) to adopt an amendment
(or a series of amendments) changing any figure or figures
in the resolution as so reported to the extent necessary to
achieve mathematical consistency.
(6) Debate in the House of Representatives on the
conference report on any concurrent resolution on the budget
shall be limited to not more than 5 hours, which shall be
divided equally between the majority and minority parties. A
motion further to limit debate is not debatable. A motion to
recommit the conference report is not in order, and it is
not in order to move to reconsider the vote by which the
conference report is agreed to or disagreed to.
[[Page 264]]
(7) Appeals from decisions of the Chair relating to the
application of the Rules of the House of Representatives to
the procedure relating to any concurrent resolution on the
budget shall be decided without debate.
(b) Procedure in Senate after report of Committee; debate;
amendments
(1) Debate in the Senate on any concurrent resolution on
the budget, and all amendments thereto and debatable motions
and appeals in connection therewith, shall be limited to not
more than 50 hours, except that with respect to any
concurrent resolution referred to in section 635 of this
title all such debate shall be limited to not more than 15
hours. The time shall be equally divided between, and
controlled by, the majority leader and the minority leader
or their designees.
(2) Debate in the Senate on any amendment to a
concurrent resolution on the budget shall be limited to 2
hours, to be equally divided between, and controlled by, the
mover and the manager of the concurrent resolution, and
debate on any amendment to an amendment, debatable motion,
or appeal shall be limited to 1 hour, to be equally divided
between, and controlled by, the mover and the manager of the
concurrent resolution, except that in the event the manager
of the concurrent resolution is in favor of any such
amendment, motion, or appeal, the time in opposition thereto
shall be controlled by the minority leader or his designee.
No amendment that is not germane to the provisions of such
concurrent resolution shall be received. Such leaders, or
either of them, may, from the time under their control on
the passage of the concurrent resolution, allot additional
time to any Senator during the consideration of any
amendment, debatable motion, or appeal.
(3) Following the presentation of opening statements on
the concurrent resolution on the budget for a fiscal year by
the chairman and ranking minority member of the Committee on
the Budget of the Senate, there shall be a period of up to
four hours for debate on economic goals and policies.
(4) Subject to the other limitations of this Act, only
if a concurrent resolution on the budget reported by the
Committee on the Budget of the Senate sets forth the
economic goals (as described in sections 1022(a)(2) and
1022a(b) of title 15) which the estimates, amounts, and
levels (as described in section 632(a) of this title) set
forth in such resolution are designed to achieve, shall it
be in order to offer to such resolution an amendment
relating to such goals, and such amendment shall be in order
only if it also proposes to alter such estimates, amounts,
and levels in germane fashion in order to be consistent with
the goals proposed in such amendment.
(5) A motion to further limit debate is not debatable. A
motion to recommit (except a motion to recommit with
instructions to report back within a specified number of
days, not to exceed 3, not counting any day on which the
Senate is not in session) is not in order. Debate on any
such motion to recommit shall be limited to 1 hour, to be
equally divided between, and controlled by, the mover and
the manager of the concurrent resolution.
(6) Notwithstanding any other rule, an amendment or
series of amendments to a concurrent resolution on the
budget proposed in the Senate shall always be in order if
such amendment or series of amendments proposes to change
any figure or figures then contained in such concur
[[Page 265]]
rent resolution so as to make such concurrent resolution
mathematically consistent or so as to maintain such
consistency.
(c) Action on conference reports in Senate
(1) A motion to proceed to the consideration of the
conference report on any concurrent resolution on the budget
(or a reconciliation bill or resolution) may be made even
though a previous motion to the same effect has been
disagreed to.
(2) During the consideration in the Senate of the
conference report (or a message between Houses) on any
concurrent resolution on the budget, and all amendments in
disagreement, and all amendments thereto, and debatable
motions and appeals in connection therewith, debate shall be
limited to 10 hours, to be equally divided between, and
controlled by, the majority leader and minority leader or
their designees. Debate on any debatable motion or appeal
related to the conference report (or a message between
Houses) shall be limited to 1 hour, to be equally divided
between, and controlled by, the mover and the manager of the
conference report (or a message between Houses).
(3) Should the conference report be defeated, debate on
any request for a new conference and the appointment of
conferees shall be limited to 1 hour, to be equally divided
between, and controlled by, the manager of the conference
report and the minority leader or his designee, and should
any motion be made to instruct the conferees before the
conferees are named, debate on such motion shall be limited
to one-half hour, to be equally divided between, and
controlled by, the mover and the manager of the conference
report. Debate on any amendment to any such instructions
shall be limited to 20 minutes, to be equally divided
between and controlled by the mover and the manager of the
conference report. In all cases when the manager of the
conference report is in favor of any motion, appeal, or
amendment, the time in opposition shall be under the control
of the minority leader or his designee.
(4) In any case in which there are amendments in
disagreement, time on each amendment shall be limited to 30
minutes, to be equally divided between, and controlled by,
the manager of the conference report and the minority leader
or his designee. No amendment that is not germane to the
provisions of such amendments shall be received.
(d) Concurrent resolution must be consistent in Senate
It shall not be in order in the Senate to vote on the
question of agreeing to--
(1) a concurrent resolution on the budget
unless the figures then contained in such
resolution are mathematically consistent; or
(2) a conference report on a concurrent
resolution on the budget unless the figures
contained in such resolution, as recommended in
such conference report, are mathematically
consistent. (Pub. L. 93-344, Title III,
Sec. 305, July 12, 1974, 88 Stat. 310; Pub. L.
95-523, Title III, Sec. 303(b), (c), Oct. 27,
1978, 92 Stat. 1905, 1906; Pub. L. 99-177, Title
II, Sec. 201(b), Dec. 12, 1985, 99 Stat. 1047;
Pub. L. 100-119, Title II, Sec. 209, Sept. 29,
1987, 101 Stat. 787; Pub. L. 100-203 Title VIII,
Sec. 8003(d), Dec. 22, 1987, 101 Stat. 1330-282;
Pub. L. 101-508, Title XIII, Sec. 13209,
13210(1), Nov. 5, 1990, 104 Stat. 1388-619,
1388-620; Pub. L. 105-33, Title X,
Sec. 10109(a), Aug. 5, 1997, 111 Stat. 684; Pub.
L. 113-67, div. A, Title I, 122(4)-(6), Dec. 26,
2013, 127 Stat. 1175. )
[[Page 266]]
287 Sec. 637. Legislation dealing with Congressional budget must
be handled by Budget Committees
(a) In the Senate
In the Senate, no bill, resolution, amendment, motion,
or conference report, dealing with any matter which is
within the jurisdiction of the Committee on the Budget shall
be considered unless it is a bill or resolution which has
been reported by the Committee on the Budget (or from the
consideration of which such committee has been discharged)
or unless it is an amendment to such a bill or resolution.
(b) In the House of Representatives
In the House of Representatives, no bill or joint
resolution, or amendment thereto, or conference report
thereon, dealing with any matter which is within the
jurisdiction of the Committee on the Budget shall be
considered unless it is a bill or joint resolution which has
been reported by the Committee on the Budget (or from the
consideration of which such committee has been discharged)
or unless it is an amendment to such a bill or joint
resolution. (Pub. L. 93-344, Title III, Sec. 306, July 12,
1974, 88 Stat. 313; Pub. L. 99-177, Title II, Sec. 201(b),
Dec. 12, 1985, 99 Stat. 1050; Pub. L. 101-508, Title XIII,
Sec. 13207(a)(1)(D), Nov. 5, 1990, 104 Stat. 1388-617; Pub.
L. 113-67, div. A, Title I, Sec. 122(7), Dec. 26, 2013, 127
Stat. 1175.)
* * * * * * *
288 Sec. 639. Reports, summaries, and projections of
Congressional budget actions
(a) Legislation providing new budget authority or providing
increase or decrease in revenues or tax expenditures
(1) Whenever a committee of either House reports to its
House a bill or joint resolution, or committee amendment
thereto, providing new budget authority (other than
continuing appropriations) or providing an increase or
decrease in revenues or tax expenditures for a fiscal year
(or fiscal years), the report accompanying that bill or
joint resolution shall contain a statement, or the committee
shall make available such a statement in the case of an
approved committee amendment which is not reported to its
House, prepared after consultation with the Director of the
Congressional Budget Office--
(A) comparing the levels in such measure to
the appropriate allocations in the reports
submitted under section 633(b) of this title for
the most recently agreed to concurrent
resolution on the budget for such fiscal year
(or fiscal years);
(B) containing a projection by the
Congressional Budget Office of how such measure
will affect the levels of such budget authority,
budget outlays, revenues, or tax expenditures
under existing law for such fiscal year (or
fiscal years) and each of the four ensuing
fiscal years, if timely submitted before such
report is filed; and
(C) containing an estimate by the
Congressional Budget Office of the level of new
budget authority for assistance to State and
local governments provided by such measure, if
timely submitted before such report is filed.
(2) Whenever a conference report is filed in either
House and such conference report or any amendment reported
in disagreement or any
[[Page 267]]
amendment contained in the joint statement of managers to be
proposed by the conferees in the case of technical
disagreement on such bill or joint resolution provides new
budget authority (other than continuing appropriations) or
provides an increase or decrease in revenues for a fiscal
year (or fiscal years), the statement of managers
accompanying such conference report shall contain the
information described in paragraph (1), if available on a
timely basis. If such information is not available when the
conference report is filed, the committee shall make such
information available to Members as soon as practicable
prior to the consideration of such conference report.
(3) CBO PAYGO estimates.--
(A) The Chairs of the Committees on the
Budget of the House and Senate, as applicable,
shall request from the Director of the
Congressional Budget Office an estimate of the
budgetary effects of PAYGO legislation.
(B) Estimates shall be prepared using
baseline estimates supplied by the Congressional
Budget Office, consistent with section 907 of
this title.
(C) The Director shall not count timing
shifts, as that term is defined at section
932(8) of this title, in estimates of the
budgetary effects of PAYGO Legislation.
(b) Up-to-date tabulations of Congressional budget action
(1) The Director of the Congressional Budget Office
shall issue to the committees of the House of
Representatives and the Senate reports on at least a monthly
basis detailing and tabulating the progress of congressional
action on bills and joint resolutions providing new budget
authority or providing an increase or decrease in revenues
or tax expenditures for each fiscal year covered by a
concurrent resolution on the budget. Such reports shall
include but are not limited to an up-to-date tabulation
comparing the appropriate aggregate and functional levels
(including outlays) included in the most recently adopted
concurrent resolution on the budget with the levels provided
in bills and joint resolutions reported by committees or
adopted by either House or by the Congress, and with the
levels provided by law for the fiscal year preceding the
first fiscal year covered by the appropriate concurrent
resolution.
(2) The Committee on the Budget of each House shall make
available to Members of its House summary budget
scorekeeping reports. Such reports--
(A) shall be made available on at least a
monthly basis, but in any case frequently enough
to provide Members of each House an accurate
representation of the current status of
congressional consideration of the budget;
(B) shall include, but are not limited to,
summaries of tabulations provided under
subsection (b)(1); and
(C) shall be based on information provided
under subsection (b)(1) without substantive
revision.
The chairman of the Committee on the Budget of the House of
Representatives shall submit such reports to the Speaker.
[[Page 268]]
(c) Five-year projection of Congressional budget action
As soon as practicable after the beginning of each
fiscal year, the Director of the Congressional Budget Office
shall issue a report projecting for the period of 5 fiscal
years beginning with such fiscal year--
(1) total new budget authority and total
budget outlays for each fiscal year in such
period;
(2) revenues to be received and the major
sources thereof, and the surplus or deficit, if
any, for each fiscal year in such period;
(3) tax expenditures for each fiscal year in
such period; and
(4) entitlement authority for each fiscal
year in such period.
(d) Scorekeeping guidelines
Estimates under this section shall be provided in
accordance with the scorekeeping guidelines determined under
section 902(d)(5) of this title. (Pub. L. 93-344, Title III,
Sec. 308, July 12, 1974, 88 Stat. 313; Pub. L. 99-177, Title
II, Sec. 201(b), Dec. 12, 1985, 99 Stat. 1051; Pub. L. 101-
508, Title XIII, Sec. 13206, Nov. 5, 1990, 104 Stat. 1388-
617; Pub. L. 105-33, Title X, Sec. 10110, Aug. 5, 1997, 111
Stat. 685; Pub. L. 111-139, Title I, Sec. 4(b), Feb. 12,
2010, 124 Stat. 11; Pub. L. 113-67, div. A, Title I,
Sec. 122(8), Dec. 26, 2013, 127 Stat. 1175.)
* * * * * * *
289 Sec. 641. Reconciliation
(a) Inclusion of reconciliation directives in concurrent
resolutions on the budget
A concurrent resolution on the budget for any fiscal
year, to the extent necessary to effectuate the provisions
and requirements of such resolution, shall--
(1) specify the total amount by which--
(A) new budget authority for such fiscal
year;
(B) budget authority initially provided
for prior fiscal years;
(C) new entitlement authority which is
to become effective during such fiscal year;
and
(D) credit authority for such fiscal
year, contained in laws, bills, and
resolutions within the jurisdiction of a
committee, is to be changed and direct that
committee to determine and recommend changes
to accomplish a change of such total amount;
(2) specify the total amount by which
revenues are to be changed and direct that the
committees having jurisdiction to determine and
recommend changes in the revenue laws, bills,
and resolutions to accomplish a change of such
total amount;
(3) specify the amounts by which the
statutory limit on the public debt is to be
changed and direct the committee having
jurisdiction to recommend such change; or
(4) specify and direct any combination of
the matters described in paragraphs (1), (2),
and (3) (including a direction to achieve
deficit reduction).
(b) Legislative procedure
If a concurrent resolution containing directives to one
or more committees to determine and recommend changes in
laws, bills, or resolutions is agreed to in accordance with
subsection (a), and--
[[Page 269]]
(1) only one committee of the House or the
Senate is directed to determine and recommend
changes, that committee shall promptly make such
determination and recommendations and report to
its House reconciliation legislation containing
such recommendations; or
(2) more than one committee of the House or
the Senate is directed to determine and
recommend changes, each such committee so
directed shall promptly make such determination
and recommendations and submit such
recommendations to the Committee on the Budget
of its House, which, upon receiving all such
recommendations, shall report to its House
reconciliation legislation carrying out all such
recommendations without any substantive
revision.
For purposes of this subsection, a reconciliation resolution
is a concurrent resolution directing the Clerk of the House
of Representatives or the Secretary of the Senate, as the
case may be, to make specified changes in bills and
resolutions which have not been enrolled.
(c) Compliance with reconciliation directions
(1) Any committee of the House of Representatives or the
Senate that is directed, pursuant to a concurrent resolution
on the budget, to determine and recommend changes of the
type described in paragraphs (1) and (2) of subsection (a)
with respect to laws within its jurisdiction, shall be
deemed to have complied with such directions--
(A) if--
(i) the amount of the changes of the
type described in paragraph (1) of such
subsection recommended by such committee do
not exceed or fall below the amount of the
changes such committee was directed by such
concurrent resolution to recommend under
that paragraph by more than--
(I) in the Senate, 20 percent of
the total of the amounts of the
changes such committee was directed
to make under paragraphs (1) and (2)
of such subsection; or
(II) in the House of
Representatives, 20 percent of the
sum of the absolute value of the
changes the committee was directed
to make under paragraph (1) and the
absolute value of the changes the
committee was directed to make under
paragraph (2); and
(ii) the amount of the changes of the
type described in paragraph (2) of such
subsection recommended by such committee do
not exceed or fall below the amount of the
changes such committee was directed by such
concurrent resolution to recommend under
that paragraph by more than--
(I) in the Senate, 20 percent of
the total of the amounts of the
changes such committee was directed
to make under paragraphs (1) and (2)
of such subsection; or
(II) in the House of
Representatives, 20 percent of the
sum of the absolute value of the
changes the committee was directed
to make under paragraph (1) and the
absolute value of the changes the
committee was directed to make under
paragraph (2); and
(B) if the total amount of the changes
recommended by such committee is not less than
the total of the amounts of the changes such
committee was directed to make under paragraphs
(1) and (2) of such subsection.
[[Page 270]]
(2)(A) Upon the reporting to the Committee on the Budget
of the Senate of a recommendation that shall be deemed to
have complied with such directions solely by virtue of this
subsection, the chairman of that committee may file with the
Senate appropriately revised allocations under section
633(a) of this title and revised functional levels and
aggregates to carry out this subsection.
(B) Upon the submission to the Senate of a conference
report recommending a reconciliation bill or resolution in
which a committee shall be deemed to have complied with such
directions solely by virtue of this subsection, the chairman
of the Committee on the Budget of the Senate may file with
the Senate appropriately revised allocations under section
633(a) of this title and revised functional levels and
aggregates to carry out this subsection.
(C) Allocations, functional levels, and aggregates
revised pursuant to this paragraph shall be considered to be
allocations, functional levels, and aggregates contained in
the concurrent resolution on the budget pursuant to section
632 of this title.
(D) Upon the filing of revised allocations pursuant to
this paragraph, the reporting committee shall report revised
allocations pursuant to section 633(b) of this title to
carry out this subsection.
(d) Limitation on amendments to reconciliation bills and
resolutions
(1) It shall not be in order in the House of
Representatives to consider any amendment to a
reconciliation bill or reconciliation resolution if such
amendment would have the effect of increasing any specific
budget outlays above the level of such outlays provided in
the bill or resolution (for the fiscal years covered by the
reconciliation instructions set forth in the most recently
agreed to concurrent resolution on the budget), or would
have the effect of reducing any specific Federal revenues
below the level of such revenues provided in the bill or
resolution (for such fiscal years), unless such amendment
makes at least an equivalent reduction in other specific
budget outlays, an equivalent increase in other specific
Federal revenues, or an equivalent combination thereof (for
such fiscal years), except that a motion to strike a
provision providing new budget authority or new entitlement
authority may be in order.
(2) It shall not be in order in the Senate to consider
any amendment to a reconciliation bill or reconciliation
resolution if such amendment would have the effect of
decreasing any specific budget outlay reductions below the
level of such outlay reductions provided (for the fiscal
years covered) in the reconciliation instructions which
relate to such bill or resolution set forth in a resolution
providing for reconciliation, or would have the effect of
reducing Federal revenue increases below the level of such
revenue increases provided (for such fiscal years) in such
instructions relating to such bill or resolution, unless
such amendment makes a reduction in other specific budget
outlays, an increase in other specific Federal revenues, or
a combination thereof (for such fiscal years) at least
equivalent to any increase in outlays or decrease in
revenues provided by such amendment, except that a motion to
strike a provision shall always be in order.
(3) Paragraphs (1) and (2) shall not apply if a
declaration of war by the Congress is in effect.
(4) For purposes of this section, the levels of budget
outlays and Federal revenues for a fiscal year shall be
determined on the basis
[[Page 271]]
of estimates made by the Committee on the Budget of the
House of Representatives or of the Senate, as the case may
be.
(5) The Committee on Rules of the House of
Representatives may make in order amendments to achieve
changes specified by reconciliation directives contained in
a concurrent resolution on the budget if a committee or
committees of the House fail to submit recommended changes
to its Committee on the Budget pursuant to its instruction.
(e) Procedure in Senate
(1) Except as provided in paragraph (2), the provisions
of section 636 of this title for the consideration in the
Senate of concurrent resolutions on the budget and
conference reports thereon shall also apply to the
consideration in the Senate of reconciliation bills reported
under subsection (b) and conference reports thereon.
(2) Debate in the Senate on any reconciliation bill
reported under subsection (b), and all amendments thereto
and debatable motions and appeals in connection therewith,
shall be limited to not more than 20 hours.
(f) Completion of reconciliation process
It shall not be in order in the House of Representatives
to consider any resolution providing for an adjournment
period of more than three calendar days during the month of
July until the House of Representatives has completed action
on the reconciliation legislation for the fiscal year
beginning on October 1 of the calendar year to which the
adjournment resolution pertains, if reconciliation
legislation is required to be reported by the concurrent
resolution on the budget for such fiscal year.
(g) Limitation on changes to Social Security Act
Notwithstanding any other provision of law, it shall not
be in order in the Senate or the House of Representatives to
consider any reconciliation bill or reconciliation
resolution reported pursuant to a concurrent resolution on
the budget agreed to under section 632 or 635 of this title,
or a joint resolution pursuant to section 907d of this
title, or any amendment thereto or conference report
thereon, that contains recommendations with respect to the
old-age, survivors, and disability insurance program
established under title II of the Social Security Act [42
U.S.C. 401 et seq.]. (Pub. L. 93-344, Title III, Sec. 310,
July 12, 1974, 88 Stat. 315; Pub. L. 99-177, Title II,
Sec. 201(b), Dec. 12, 1985, 99 Stat. 1053; Pub. L. 101-508,
Title XIII, Sec. Sec. 13112(a)(9), 13207(c), (d), 13210(2),
Nov. 5, 1990, 104 Stat. 1388-608, 1388-618 to 1388-620; Pub.
L. 105-33, Title X, Sec. 10111, Aug. 5, 1997, 111 Stat. 685;
Pub. L. 113-67, div. A, Title I, Sec. 122(9), Dec. 26, 2013,
127 Stat. 1175.)
290 Sec. 642. Budget-related legislation must be within
appropriate levels
(a) Enforcement of budget aggregates
(1) In House of Representatives
Except as provided by subsection (c), after
the Congress has completed action on a
concurrent resolution on the budget for a fiscal
year, it shall not be in order in the House of
Representatives to consider any bill, joint
resolution, amendment, motion, or conference
report providing new budget authority or
reducing revenues, if--
(A) the enactment of that bill or
resolution as reported;
[[Page 272]]
(B) the adoption and enactment of that
amendment; or
(C) the enactment of that bill or
resolution in the form recommended in that
conference report;
would cause the level of total new budget authority
or total outlays set forth in the applicable
concurrent resolution on the budget for the first
fiscal year to be exceeded, or would cause revenues
to be less than the level of total revenues set
forth in that concurrent resolution for the first
fiscal year or for the total of that first fiscal
year and the ensuing fiscal years for which
allocations are provided under section 633(a) of
this title, except when a declaration of war by the
Congress is in effect.
(2) In Senate
After a concurrent resolution on the budget
is agreed to, it shall not be in order in the
Senate to consider any bill, joint resolution,
amendment, motion, or conference report that--
(A) would cause the level of total new
budget authority or total outlays set forth
for the first fiscal year in the applicable
resolution to be exceeded; or
(B) would cause revenues to be less than
the level of total revenues set forth for
that first fiscal year or for the total of
that first fiscal year and the ensuing
fiscal years in the applicable resolution
for which allocations are provided under
section 633(a) of this title.
(3) Enforcement of social security levels in Senate
After a concurrent resolution on the budget
is agreed to, it shall not be in order in the
Senate to consider any bill, joint resolution,
amendment, motion, or conference report that
would cause a decrease in social security
surpluses or an increase in social security
deficits relative to the levels set forth in the
applicable resolution for the first fiscal year
or for the total of that fiscal year and the
ensuing fiscal years for which allocations are
provided under section 633(a) of this title.
(b) Social security levels
(1) In general
For purposes of subsection (a)(3), social
security surpluses equal the excess of social
security revenues over social security outlays
in a fiscal year or years with such an excess
and social security deficits equal the excess of
social security outlays over social security
revenues in a fiscal year or years with such an
excess.
(2) Tax treatment
For purposes of subsection (a)(3), no
provision of any legislation involving a change
in chapter 1 of the Internal Revenue Code of
1986 [26 U.S.C. 1 et seq.] shall be treated as
affecting the amount of social security revenues
or outlays unless that provision changes the
income tax treatment of social security
benefits.
(c) Exception in House of Representatives
Subsection (a)(1) shall not apply in the House of
Representatives to any bill, joint resolution, or amendment
that provides new budget authority for a fiscal year or to
any conference report on any such bill or resolution, if--
(1) the enactment of that bill or resolution
as reported;
(2) the adoption and enactment of that
amendment; or
[[Page 273]]
(3) the enactment of that bill or resolution
in the form recommended in that conference
report;
would not cause the appropriate allocation of new budget
authority made pursuant to section 633(a) of this title for
that fiscal year to be exceeded. (Pub. L. 93-344, Title III,
Sec. 311, July 12, 1974, 88 Stat. 316; Pub. L. 99-177, Title
II, Sec. 201(b), Dec. 12, 1985, 99 Stat. 1055; Pub. L. 100-
119, Title I, Sec. 106(e)(1), Sept. 29, 1987, 101 Stat. 781;
Pub. L. 101-508, Title XIII, Sec. Sec. 13112(a)(10),
13207(a)(1)(E), 13303(d), Nov. 5, 1990, 104 Stat. 1388-608,
1388-617, 1388-626; Pub. L. 105-33, Title X, Sec. 10112(a),
Aug. 5, 1997, 111 Stat. 686.)
291 Sec. 643. Determinations and points of order
(a) Budget Committee determinations
For purposes of this subchapter and subchapter II, the
levels of new budget authority, outlays, direct spending,
new entitlement authority, and revenues for a fiscal year
shall be determined on the basis of estimates made by the
Committee on the Budget of the House of Representatives or
the Senate, as applicable.
(b) Discretionary spending point of order in Senate
(1) In general
Except as otherwise provided in this
subsection, it shall not be in order in the
Senate to consider any bill or resolution (or
amendment, motion, or conference report on that
bill or resolution) that would exceed any of the
discretionary spending limits in section 251(c)
of the Balanced Budget and Emergency Deficit
Control Act of 1985 [2 U.S.C. 901(c)].
(2) Exceptions
This subsection shall not apply if a
declaration of war by the Congress is in effect
or if a joint resolution pursuant to section 258
of the Balanced Budget and Emergency Deficit
Control Act of 1985 [2 U.S.C. 907a] has been
enacted.
(c) Maximum deficit amount point of order in Senate
It shall not be in order in the Senate to consider any
concurrent resolution on the budget for a fiscal year, or to
consider any amendment to that concurrent resolution, or to
consider a conference report on that concurrent resolution,
if--
(1) the level of total outlays for the first
fiscal year set forth in that concurrent
resolution or conference report exceeds; or
(2) the adoption of that amendment would
result in a level of total outlays for that
fiscal year that exceeds;
the recommended level of Federal revenues for that fiscal
year, by an amount that is greater than the maximum deficit
amount, if any, specified in the Balanced Budget and
Emergency Deficit Control Act of 1985 for that fiscal year.
(d) Timing of points of order in Senate
A point of order under this Act may not be raised
against a bill, resolution, amendment, motion, or conference
report while an amendment or motion, the adoption of which
would remedy the violation of this Act, is pending before
the Senate.
[[Page 274]]
(e) Points of order in Senate against amendments between
Houses
Each provision of this Act that establishes a point of
order against an amendment also establishes a point of order
in the Senate against an amendment between the Houses. If a
point of order under this Act is raised in the Senate
against an amendment between the Houses and the point of
order is sustained, the effect shall be the same as if the
Senate had disagreed to the amendment.
(f) Effect of point of order in Senate
In the Senate, if a point of order under this Act
against a bill or resolution is sustained, the Presiding
Officer shall then recommit the bill or resolution to the
committee of appropriate jurisdiction for further
consideration. (Pub. L. 93-344, Title III, Sec. 312, as
added Pub. L. 101-508, Title XIII, Sec. 13207(b)(1), Nov. 5,
1990, 104 Stat. 1388-618, and amended Pub. L. 105-33, Title
X, Sec. 10113(a), Aug. 5, 1997, 111 Stat. 687.)
292 Sec. 644. Extraneous matter in reconciliation legislation
(a) In general
When the Senate is considering a reconciliation bill or
a reconciliation resolution pursuant to section 641 of this
title (whether that bill or resolution originated in the
Senate or the House) or section 907d of this title, upon a
point of order being made by any Senator against material
extraneous to the instructions to a committee which is
contained in any title or provision of the bill or
resolution or offered as an amendment to the bill or
resolution, and the point of order is sustained by the
Chair, any part of said title or provision that contains
material extraneous to the instructions to said Committee as
defined in subsection (b) shall be deemed stricken from the
bill and may not be offered as an amendment from the floor.
(b) Extraneous provisions
(1)(A) Except as provided in paragraph (2), a provision
of a reconciliation bill or reconciliation resolution
considered pursuant to section 641 of this title shall be
considered extraneous if such provision does not produce a
change in outlays or revenues, including changes in outlays
and revenues brought about by changes in the terms and
conditions under which outlays are made or revenues are
required to be collected (but a provision in which outlay
decreases or revenue increases exactly offset outlay
increases or revenue decreases shall not be considered
extraneous by virtue of this subparagraph); (B) any
provision producing an increase in outlays or decrease in
revenues shall be considered extraneous if the net effect of
provisions reported by the committee reporting the title
containing the provision is that the committee fails to
achieve its reconciliation instructions; (C) a provision
that is not in the jurisdiction of the committee with
jurisdiction over said title or provision shall be
considered extraneous; (D) a provision shall be considered
extraneous if it produces changes in outlays or revenues
which are merely incidental to the non-budgetary components
of the provision; (E) a provision shall be considered to be
extraneous if it increases, or would increase, net outlays,
or if it decreases, or would decrease, revenues during a
fiscal year after the fiscal years covered by such
reconciliation bill or reconciliation resolution, and such
increases or decreases are greater than outlay
[[Page 275]]
reductions or revenue increases resulting from other
provisions in such title in such year; and (F) a provision
shall be considered extraneous if it violates section 641(g)
of this title.
(2) A Senate-originated provision shall not be
considered extraneous under paragraph (1)(A) if the Chairman
and Ranking Minority Member of the Committee on the Budget
and the Chairman and Ranking Minority Member of the
Committee which reported the provision certify that: (A) the
provision mitigates direct effects clearly attributable to a
provision changing outlays or revenues and both provisions
together produce a net reduction in the deficit; (B) the
provision will result in a substantial reduction in outlays
or a substantial increase in revenues during fiscal years
after the fiscal years covered by the reconciliation bill or
reconciliation resolution; (C) a reduction of outlays or an
increase in revenues is likely to occur as a result of the
provision, in the event of new regulations authorized by the
provision or likely to be proposed, court rulings on pending
litigation, or relationships between economic indices and
stipulated statutory triggers pertaining to the provision,
other than the regulations, court rulings or relationships
currently projected by the Congressional Budget Office for
scorekeeping purposes; or (D) such provision will be likely
to produce a significant reduction in outlays or increase in
revenues but, due to insufficient data, such reduction or
increase cannot be reliably estimated.
(3) A provision reported by a committee shall not be
considered extraneous under paragraph (1)(C) if (A) the
provision is an integral part of a provision or title, which
if introduced as a bill or resolution would be referred to
such committee, and the provision sets forth the procedure
to carry out or implement the substantive provisions that
were reported and which fall within the jurisdiction of such
committee; or (B) the provision states an exception to, or a
special application of, the general provision or title of
which it is a part and such general provision or title if
introduced as a bill or resolution would be referred to such
committee.
(c) Extraneous materials
Upon the reporting or discharge of a reconciliation bill
or resolution pursuant to section 641 of this title in the
Senate, and again upon the submission of a conference report
on such a reconciliation bill or resolution, the Committee
on the Budget of the Senate shall submit for the record a
list of material considered to be extraneous under
subsections (b)(1)(A), (b)(1)(B), and (b)(1)(E) of this
section to the instructions of a committee as provided in
this section. The inclusion or exclusion of a provision
shall not constitute a determination of extraneousness by
the Presiding Officer of the Senate.
(d) Conference reports
When the Senate is considering a conference report on,
or an amendment between the Houses in relation to, a
reconciliation bill or reconciliation resolution pursuant to
section 641 of this title, upon--
(1) a point of order being made by any
Senator against extraneous material meeting the
definition of subsections (b)(1)(A), (b)(1)(B),
(b)(1)(D), (b)(1)(E), or (b)(1)(F), and
(2) such point of order being sustained,
such material contained in such conference report or
amendment shall be deemed stricken, and the Senate shall
proceed, without intervening
[[Page 276]]
action or motion, to consider the question of whether the
Senate shall recede from its amendment and concur with a
further amendment, or concur in the House amendment with a
further amendment, as the case may be, which further
amendment shall consist of only that portion of the
conference report or House amendment, as the case may be,
not so stricken. Any such motion in the Senate shall be
debatable for two hours. In any case in which such point of
order is sustained against a conference report (or Senate
amendment derived from such conference report by operation
of this subsection), no further amendment shall be in order.
(e) General point of order
Notwithstanding any other law or rule of the Senate, it
shall be in order for a Senator to raise a single point of
order that several provisions of a bill, resolution,
amendment, motion, or conference report violate this
section. The Presiding Officer may sustain the point of
order as to some or all of the provisions against which the
Senator raised the point of order. If the Presiding Officer
so sustains the point of order as to some of the provisions
(including provisions of an amendment, motion, or conference
report) against which the Senator raised the point of order,
then only those provisions (including provisions of an
amendment, motion, or conference report) against which the
Presiding Officer sustains the point of order shall be
deemed stricken pursuant to this section. Before the
Presiding Officer rules on such a point of order, any
Senator may move to waive such a point of order as it
applies to some or all of the provisions against which the
point of order was raised. Such a motion to waive is
amendable in accordance with the rules and precedents of the
Senate. After the Presiding Officer rules on such a point of
order, any Senator may appeal the ruling of the Presiding
Officer on such a point of order as it applies to some or
all of the provisions on which the Presiding Officer ruled.
(Pub. L. 93-344, Title III, Sec. 313, as added and amended
Pub. L. 101-508, Title XIII, Sec. 13214(a)-(b)(4), Nov. 5,
1990, 104 Stat. 1388-621, 1388-622; Pub. L. 105-33, Title X,
Sec. 10113(b)(1), Aug. 5, 1997, 111 Stat. 688.)
293 Sec. 645. Adjustments
(a) Adjustments
After the reporting of a bill or joint resolution or the
offering of an amendment thereto or the submission of a
conference report thereon, the chairman of the Committee on
the Budget of the House of Representatives or the Senate may
make appropriate budgetary adjustments of new budget
authority and the outlays flowing therefrom in the same
amount as required by section 901(b) of this title.
(b) Application of adjustments
The adjustments made pursuant to subsection (a) for
legislation shall--
(1) apply while that legislation is under
consideration;
(2) take effect upon the enactment of that
legislation; and
(3) be published in the Congressional Record
as soon as practicable.
[[Page 277]]
(c) Reporting revised suballocations
Following any adjustment made under subsection (a), the
Committees on Appropriations of the Senate and the House of
Representatives may report appropriately revised
suballocations under section 633(b) of this title to carry
out this section.
(d) Emergencies in the House of Representatives
(1) In the House of Representatives, if a
reported bill or joint resolution, or amendment
thereto or conference report thereon, contains a
provision providing new budget authority and
outlays or reducing revenue, and a designation
of such provision as an emergency requirement
pursuant to 901(b)(2)(A) of this title, the
chair of the Committee on the Budget of the
House of Representatives shall not count the
budgetary effects of such provision for purposes
of this subchapter and subchapter II and the
Rules of the House of Representatives.
(2)(A) In the House of Representatives, a
proposal to strike a designation under
paragraph (1) shall be excluded from an
evaluation of budgetary effects for
purposes of this subchapter and subchapter
II and the Rules of the House of
Representatives.
(B) An amendment offered under
subparagraph (A) that also proposes to
reduce each amount appropriated or
otherwise made available by the pending
measure that is not required to be
appropriated or otherwise made available
shall be in order at any point in the
reading of the pending measure.
(e) Senate point of order against an emergency designation
(1) In general
When the Senate is considering a bill, resolution,
amendment, motion, amendment between the Houses, or
conference report, if a point of order is made by a Senator
against an emergency designation in that measure, that
provision making such a designation shall be stricken from
the measure and may not be offered as an amendment from the
floor.
(2) Supermajority waiver and appeals
(A) Waiver
Paragraph (1) may be
waived or suspended in the
Senate only by an
affirmative vote of three-
fifths of the Members, duly
chosen and sworn.
(B) Appeals
Appeals in the Senate
from the decisions of the
Chair relating to any
provision of this subsection
shall be limited to 1 hour,
to be equally divided
between, and controlled by,
the appellant and the
manager of the bill or joint
resolution, as the case may
be. An affirmative vote of
three-fifths of the Members
of the Senate, duly chosen
and sworn, shall be required
to sustain an appeal of the
ruling of the Chair on a
point of order raised under
this subsection.
(3) Definition of an emergency designation
For purposes of paragraph (1), a provision shall be
considered an emergency designation if it designates any
item pursuant to section 901(b)(2)(A)(i) of this title.
[[Page 278]]
(4) Form of the point of order
A point of order under paragraph (1) may be raised by a
Senator as provided in section 644(e) of this title.
(5) Conference reports
When the Senate is considering a conference report on,
or an amendment between the Houses in relation to, a bill,
upon a point of order being made by any Senator pursuant to
this section, and such point of order being sustained, such
material contained in such conference report shall be deemed
stricken, and the Senate shall proceed to consider the
question of whether the Senate shall recede from its
amendment and concur with a further amendment, or concur in
the House amendment with a further amendment, as the case
may be, which further amendment shall consist of only that
portion of the conference report or House amendment, as the
case may be, not so stricken. Any such motion in the Senate
shall be debatable. In any case in which such point of order
is sustained against a conference report (or Senate
amendment derived from such conference report by operation
of this subsection), no further amendment shall be in order.
(f) Enforcement of discretionary spending caps
It shall not be in order in the House of Representatives
or the Senate to consider any bill, joint resolution,
amendment, motion, or conference report that would cause the
discretionary spending limits as set forth in section 901 of
this title to be exceeded.
(g) Adjustment for reemployment services and eligibility
assessments
(1) In general
(A) Adjustments
If the Committee on
Appropriations of either
House reports an
appropriation measure for
any of fiscal years 2022
through 2027 that provides
budget authority for grants
under section 506 of title
42, or if a conference
committee submits a
conference report thereon,
the chairman of the
Committee on the Budget of
the House of Representatives
or the Senate shall make the
adjustments referred to in
subparagraph (B) to reflect
the additional new budget
authority provided for such
grants in that measure or
conference report and the
outlays resulting therefrom,
consistent with subparagraph
(D).
(B) Types of adjustments
The adjustments referred
to in this subparagraph
consist of adjustments to--
(i) the discretionary spending
limits for that fiscal year as set
forth in the most recently adopted
concurrent resolution on the budget;
(ii) the allocations to the
Committees on Appropriations of the
Senate and the House of
Representatives for that fiscal year
under section 633(a) of this title;
and
(iii) the appropriate budget
aggregates for that fiscal year in
the most recently adopted concurrent
resolution on the budget.
[[Page 279]]
(C) Enforcement
The adjusted
discretionary spending
limits, allocations, and
aggregates under this
paragraph shall be
considered the appropriate
limits, allocations, and
aggregates for purposes of
congressional enforcement of
this Act and concurrent
budget resolutions under
this Act.
(D) Limitation
No adjustment may be
made under this subsection
in excess of--
(i) for fiscal year 2022,
$133,000,000;
(ii) for fiscal year 2023,
$258,000,000;
(iii) for fiscal year 2024,
$433,000,000;
(iv) for fiscal year 2025,
$533,000,000;
(v) for fiscal year 2026,
$608,000,000; and
(vi) for fiscal year 2027,
$633,000,000.
(E) Definition
As used in this
subsection, the term
``additional new budget
authority'' means the amount
provided for a fiscal year,
in excess of $117,000,000,
in an appropriation measure
or conference report (as the
case may be) and specified
to pay for grants to States
under section 506 of title
42.
(2) Report on 633(b) level
Following any adjustment made under paragraph (1), the
Committees on Appropriations of the Senate and the House of
Representatives may report appropriately revised
suballocations pursuant to section 633(b) of this title to
carry out this subsection. (Pub. L. 93-344, Title III,
Sec. 314, as added Pub. L. 105-33, Title X, Sec. 10114(a),
Aug. 5, 1997, 111 Stat. 688; amended Pub. L. 105-89, Title
II, Sec. 201(b)(2), Nov. 19, 1997, 111 Stat. 2125; Pub. L.
112-25, Title I, Sec. 105(a), Aug. 2, 2011, 125 Stat. 246;
Pub. L. 112-78, Title V, Sec. 511, Dec. 23, 2011, 125 Stat.
1291; Pub. L. 113-67, div. A, Title I, Sec. 122(10), Dec.
26, 2013, 127 Stat. 1176; Pub. L. 115-123, div. C, Title II,
Sec. 30206(d), Feb. 9, 2018, 132 Stat. 131.)
* * * * * * *
294 Sec. 651. Budget-related legislation not subject to
appropriations
(a) Controls on certain budget-related legislation not
subject to appropriations
It shall not be in order in either the House of
Representatives or the Senate to consider any bill or joint
resolution (in the House of Representatives only, as
reported), amendment, motion, or conference report that
provides--
(1) new authority to enter into contracts
under which the United States is obligated to
make outlays;
(2) new authority to incur indebtedness
(other than indebtedness incurred under chapter
31 of title 31) for the repayment of which the
United States is liable; or
(3) new credit authority;
unless that bill, joint resolution, amendment, motion, or
conference report also provides that the new authority is to
be effective for any
[[Page 280]]
fiscal year only to the extent or in the amounts provided in
advance in appropriation Acts.
(b) Legislation providing new entitlement authority
(1) Point of order.--It shall not be in order in either
the House of Representatives or the Senate to consider any
bill or joint resolution (in the House of Representatives
only, as reported), amendment, motion, or conference report
that provides new entitlement authority that is to become
effective during the current fiscal year.
(2) If any committee of the House of Representatives or
the Senate reports any bill or resolution which provides new
entitlement authority which is to become effective during a
fiscal year and the amount of new budget authority which
will be required for such fiscal year if such bill or
resolution is enacted as so reported exceeds the appropriate
allocation of new budget authority reported under section
633(a) of this title in connection with the most recently
agreed to concurrent resolution on the budget for such
fiscal year, such bill or resolution shall then be referred
to the Committee on Appropriations of the Senate or may then
be referred to the Committee on Appropriations of the House,
as the case may be, with instructions to report it, with the
committee's recommendations, within 15 calendar days (not
counting any day on which that House is not in session)
beginning with the day following the day on which it is so
referred. If the Committee on Appropriations of either House
fails to report a bill or resolution referred to it under
this paragraph within such 15-day period, the committee
shall automatically be discharged from further consideration
of such bill or resolution and such bill or resolution shall
be placed on the appropriate calendar.
(3) The Committee on Appropriations of each House shall
have jurisdiction to report any bill or resolution referred
to it under paragraph (2) with an amendment which limits the
total amount of new spending authority provided in such bill
or resolution.
(c) Exceptions
(1) Subsections (a) and (b) shall not apply to new
authority described in those subsections if outlays from
that new authority will flow--
(A) from a trust fund established by the
Social Security Act (as in effect on July 12,
1974) [42 U.S.C. 301 et seq.]; or
(B) from any other trust fund, 90 percent or
more of the receipts of which consist or will
consist of amounts (transferred from the general
fund of the Treasury) equivalent to amounts of
taxes (related to the purposes for which such
outlays are or will be made) received in the
Treasury under specified provisions of the
Internal Revenue Code of 1986 [26 U.S.C. 1 et
seq.].
(2) Subsections (a) and (b) shall not apply to new
authority described in those subsections to the extent
that--
(A) the outlays resulting therefrom are made
by an organization which is (i) a mixed-
ownership Government corporation (as defined in
section 9101(2) of title 31), or (ii) a wholly
owned Government corporation (as defined in
section 9101(3) of title 31) which is
specifically exempted by law from compliance
with any or all of the provisions of chapter 91
of title 31, as of December 12, 1985; or
(B) the outlays resulting therefrom consist
exclusively of the proceeds of gifts or bequests
made to the United States for a specific
purpose.
[[Page 281]]
(3) In the House of Representatives, subsections (a) and
(b) shall not apply to new authority described in those
subsections to the extent that a provision in a bill or
joint resolution, or an amendment thereto or a conference
report thereon, establishes prospectively for a Federal
office or position a specified or minimum level of
compensation to be funded by annual discretionary
appropriations. (Pub. L. 93-344, Title IV, Sec. 401, July
12, 1974, 88 Stat. 317; Pub. L. 99-177, Title II, Sec. 211,
Dec. 12, 1985, 99 Stat. 1056; Pub. L. 99-514, Sec. 2, Oct.
22, 1986, 100 Stat. 2095; Pub. L. 101-508, Title XIII,
Sec. 13207(a)(1)(F), (G), Nov. 5, 1990, 104 Stat. 1388-617,
1388-618; Pub. L. 105-33, Title X, Sec. 10116(a)(1)-(5),
Aug. 5, 1997, 111 Stat. 690, 691; Pub. L. 113-67, div. A,
Title I, Sec. 122(12), (13), Dec. 26, 2013, 127 Stat. 1176.)
* * * * * * *
Part B.--Federal Mandates
295 Sec. 658. Definitions
For purposes of this part:
(1) Agency
The term ``agency'' has the same meaning
as defined in section 551(1) of title 5, but
does not include independent regulatory
agencies.
(2) Amount
The term ``amount'', with respect to an
authorization of appropriations for Federal
financial assistance, means the amount of
budget authority for any Federal grant
assistance program or any Federal program
providing loan guarantees or direct loans.
(3) Direct costs
The term ``direct costs''--
(A)(i) in the case of a Federal
intergovernmental mandate, means the
aggregate estimated amounts that all
State, local, and tribal governments
would be required to spend or would
be prohibited from raising in
revenues in order to comply with the
Federal intergovernmental mandate;
or
(ii) in the case of a provision
referred to in paragraph (5)(A)(ii),
means the amount of Federal
financial assistance eliminated or
reduced;
(B) in the case of a Federal
private sector mandate, means the
aggregate estimated amounts that the
private sector will be required to
spend in order to comply with the
Federal private sector mandate;
(C) shall be determined on the
assumption that--
(i) State, local, and
tribal governments, and the
private sector will take all
reasonable steps necessary
to mitigate the costs
resulting from the Federal
mandate, and will comply
with applicable standards of
practice and conduct
established by recognized
professional or trade
associations; and
(ii) reasonable steps to
mitigate the costs shall not
include increases in State,
local, or tribal taxes or
fees; and
(D) shall not include--
[[Page 282]]
(i) estimated amounts
that the State, local, and
tribal governments (in the
case of a Federal
intergovernmental mandate)
or the private sector (in
the case of a Federal
private sector mandate)
would spend--
(I) to comply with or
carry out all applicable
Federal, State, local, and
tribal laws and regulations
in effect at the time of the
adoption of the Federal
mandate for the same
activity as is affected by
that Federal mandate; or
(II) to comply with or
carry out State, local, and
tribal governmental
programs, or private-sector
business or other activities
in effect at the time of the
adoption of the Federal
mandate for the same
activity as is affected by
that mandate; or
(ii) expenditures to the
extent that such
expenditures will be offset
by any direct savings to the
State, local, and tribal
governments, or by the
private sector, as a result
of--
(I) compliance with
the Federal mandate; or
(II) other changes in
Federal law or regulation
that are enacted or adopted
in the same bill or joint
resolution or proposed or
final Federal regulation and
that govern the same
activity as is affected by
the Federal mandate.
(4) Direct savings
The term ``direct savings'', when used
with respect to the result of compliance
with the Federal mandate--
(A) in the case of a Federal
intergovernmental mandate, means the
aggregate estimated reduction in
costs to any State, local, or tribal
government as a result of compliance
with the Federal intergovernmental
mandate; and
(B) in the case of a Federal
private sector mandate, means the
aggregate estimated reduction in
costs to the private sector as a
result of compliance with the
Federal private sector mandate.
(5) Federal intergovernmental mandate
The term ``Federal intergovernmental
mandate'' means--
(A) any provision in
legislation, statute, or regulation
that--
(i) would impose an
enforceable duty upon State,
local, or tribal
governments, except--
(I) a condition of
Federal assistance; or
(II) a duty arising
from participation in a
voluntary Federal program,
except as provided in
subparagraph (B); or
(ii) would reduce or
eliminate the amount of
authorization of
appropriations for--
(I) Federal financial
assistance that would be
provided to State, local, or
tribal governments for the
purpose of complying with
any such previously imposed
duty unless such duty is
reduced or eliminated by a
corresponding amount; or
(II) the control of
borders by the Federal
Government; or reimbursement
to State, local, or tribal
govern
[[Page 283]]
ments for the net cost
associated with illegal,
deportable, and excludable
aliens, including court-
mandated expenses related to
emergency health care,
education or criminal
justice; when such a
reduction or elimination
would result in increased
net costs to State, local,
or tribal governments in
providing education or
emergency health care to, or
incarceration of, illegal
aliens; except that this
subclause shall not be in
effect with respect to a
State, local, or tribal
government, to the extent
that such government has not
fully cooperated in the
efforts of the Federal
Government to locate,
apprehend, and deport
illegal aliens;
(B) any provision in
legislation, statute, or regulation
that relates to a then-existing
Federal program under which
$500,000,000 or more is provided
annually to State, local, and tribal
governments under entitlement
authority, if the provision--
(i)(I) would increase
the stringency of conditions
of assistance to State,
local, or tribal governments
under the program; or
(II) would place caps
upon, or otherwise decrease,
the Federal Government's
responsibility to provide
funding to State, local, or
tribal governments under the
program; and
(ii) the State, local,
or tribal governments that
participate in the Federal
program lack authority under
that program to amend their
financial or programmatic
responsibilities to continue
providing required services
that are affected by the
legislation, statute, or
regulation.
(6) Federal mandate
The term ``Federal mandate'' means a
Federal intergovernmental mandate or a
Federal private sector mandate, as defined
in paragraphs (5) and (7).
(7) Federal private sector mandate
The term ``Federal private sector
mandate'' means any provision in
legislation, statute, or regulation that--
(A) would impose an enforceable
duty upon the private sector
except--
(i) a condition of
Federal assistance; or
(ii) a duty arising from
participation in a voluntary
Federal program; or
(B) would reduce or eliminate
the amount of authorization of
appropriations for Federal financial
assistance that will be provided to
the private sector for the purposes
of ensuring compliance with such
duty.
(8) Local government
The term ``local government'' has the
same meaning as defined in section 6501(6)
of title 31.
(9) Private sector
The term ``private sector'' means all
persons or entities in the United States,
including individuals, partnerships, associa
[[Page 284]]
tions, corporations, and educational and
nonprofit institutions, but shall not
include State, local, or tribal governments.
(10) Regulation; rule
The term ``regulation'' or ``rule''
(except with respect to a rule of either
House of the Congress) has the meaning of
``rule'' as defined in section 601(2) of
title 5.
(11) Small government
The term ``small government'' means any
small governmental jurisdictions defined in
section 601(5) of title 5 and any tribal
government.
(12) State
The term ``State'' has the same meaning
as defined in section 6501(9) of title 31.
(13) Tribal government
The term ``tribal government'' means any
Indian tribe, band, nation, or other
organized group or community, including any
Alaska Native village or regional or village
corporation as defined in or established
pursuant to the Alaska Native Claims
Settlement Act (85 Stat. 688; 43 U.S.C. 1601
et seq.) which is recognized as eligible for
the special programs and services provided
by the United States to Indians because of
their special status as Indians. (Pub. L.
93-344, Title IV, Sec. 421, as added Pub. L.
104-4, Title I, Sec. 101(a)(2), Mar. 22,
1995, 109 Stat. 50; amended Pub. L. 113-67,
div. A, Title I, Sec. 122(14), Dec. 26,
2013, 127 Stat. 1176.)
296 Sec. 658a. Exclusions
This part shall not apply to any provision in a bill,
joint resolution, amendment, motion, or conference report
before Congress that--
(1) enforces constitutional rights of
individuals;
(2) establishes or enforces any statutory
rights that prohibit discrimination on the basis
of race, color, religion, sex, national origin,
age, handicap, or disability;
(3) requires compliance with accounting and
auditing procedures with respect to grants or
other money or property provided by the Federal
Government;
(4) provides for emergency assistance or
relief at the request of any State, local, or
tribal government or any official of a State,
local, or tribal government;
(5) is necessary for the national security
or the ratification or implementation of
international treaty obligations;
(6) the President designates as emergency
legislation and that the Congress so designates
in statute; or
(7) relates to the old-age, survivors, and
disability insurance program under title II of
the Social Security Act [42 U.S.C. 401 et seq.]
(including taxes imposed by sections 3101(a) and
3111(a) of title 26 (relating to old-age,
survivors, and disability insurance)). (Pub. L.
93-344, Title IV, Sec. 422, as added Pub. L.
104-4, Title I, Sec. 101(a)(2), Mar. 22, 1995,
109 Stat. 53.)
[[Page 285]]
297 Sec. 658b. Duties of Congressional committees
(a) In general
When a committee of authorization of the Senate or the
House of Representatives reports a bill or joint resolution
of public character that includes any Federal mandate, the
report of the committee accompanying the bill or joint
resolution shall contain the information required by
subsections (c) and (d).
(b) Submission of bills to Director
When a committee of authorization of the Senate or the
House of Representatives orders reported a bill or joint
resolution of a public character, the committee shall
promptly provide the bill or joint resolution to the
Director of the Congressional Budget Office and shall
identify to the Director any Federal mandates contained in
the bill or resolution.
(c) Reports on Federal mandates
Each report described under subsection (a) shall
contain--
(1) an identification and description of any
Federal mandates in the bill or joint
resolution, including the direct costs to State,
local, and tribal governments, and to the
private sector, required to comply with the
Federal mandates;
(2) a qualitative, and if practicable, a
quantitative assessment of costs and benefits
anticipated from the Federal mandates (including
the effects on health and safety and the
protection of the natural environment); and
(3) a statement of the degree to which a
Federal mandate affects both the public and
private sectors and the extent to which Federal
payment of public sector costs or the
modification or termination of the Federal
mandate as provided under section 658d(a)(2) of
this title would affect the competitive balance
between State, local, or tribal governments and
the private sector including a description of
the actions, if any, taken by the committee to
avoid any adverse impact on the private sector
or the competitive balance between the public
sector and the private sector.
(d) Intergovernmental mandates
If any of the Federal mandates in the bill or joint
resolution are Federal intergovernmental mandates, the
report required under subsection (a) shall also contain--
(1)(A) a statement of the amount, if any, of
increase or decrease in authorization of
appropriations under existing Federal financial
assistance programs, or of authorization of
appropriations for new Federal financial
assistance, provided by the bill or joint
resolution and usable for activities of State,
local, or tribal governments subject to the
Federal intergovernmental mandates;
(B) a statement of whether the committee
intends that the Federal intergovernmental
mandates be partly or entirely unfunded, and if
so, the reasons for that intention; and
(C) if funded in whole or in part, a
statement of whether and how the committee has
created a mechanism to allocate the funding in a
manner that is reasonably consistent with the
expected direct costs among and between the
respective levels of State, local, and tribal
government;
[[Page 286]]
(2) any existing sources of Federal
assistance in addition to those identified in
paragraph (1) that may assist State, local, and
tribal governments in meeting the direct costs
of the Federal intergovernmental mandates; and
(3) if the bill or joint resolution would
make the reduction specified in section
658(5)(B)(i)(II) of this title, a statement of
how the committee specifically intends the
States to implement the reduction and to what
extent the legislation provides additional
flexibility, if any, to offset the reduction.
(e) Preemption clarification and information
When a committee of authorization of the Senate or the
House of Representatives reports a bill or joint resolution
of public character, the committee report accompanying the
bill or joint resolution shall contain, if relevant to the
bill or joint resolution, an explicit statement on the
extent to which the bill or joint resolution is intended to
preempt any State, local, or tribal law, and, if so, an
explanation of the effect of such preemption.
(f) Publication of statement from Director
(1) In general
Upon receiving a statement from the Director
under section 658c of this title, a committee of
the Senate or the House of Representatives shall
publish the statement in the committee report
accompanying the bill or joint resolution to
which the statement relates if the statement is
available at the time the report is printed.
(2) Other publication of statement of Director
If the statement is not published in the
report, or if the bill or joint resolution to
which the statement relates is expected to be
considered by the Senate or the House of
Representatives before the report is published,
the committee shall cause the statement, or a
summary thereof, to be published in the
Congressional Record in advance of floor
consideration of the bill or joint resolution.
(Pub. L. 93-344, Title IV, Sec. 423, as added
Pub. L. 104-4, Title I, Sec. 101(a)(2), Mar. 22,
1995, 109 Stat. 53; amended Pub. L. 106-141,
Sec. 2(a), Dec. 7, 1999, 113 Stat. 1699.)
298 Sec. 658c. Duties of Director; statements on bills and joint
resolutions other than appropriations bills and joint
resolutions
(a) Federal intergovernmental mandates in reported bills and
resolutions
For each bill or joint resolution of a public character
reported by any committee of authorization of the Senate or
the House of Representatives, the Director of the
Congressional Budget Office shall prepare and submit to the
committee a statement as follows:
(1) Contents
If the Director estimates that the
direct cost of all Federal intergovernmental
mandates in the bill or joint resolution
will equal or exceed $50,000,000 (adjusted
annually for inflation) in the fiscal year
in which any Federal intergovernmental
mandate in the bill or joint resolution (or
in any necessary implementing regulation)
would first be effective or in any of the 4
fiscal years following such fiscal year, the
Director shall so
[[Page 287]]
state, specify the estimate, and briefly
explain the basis of the estimate.
(2) Estimates
Estimates required under paragraph (1)
shall include estimates (and brief
explanations of the basis of the estimates)
of--
(A) the total amount of direct
cost of complying with the Federal
intergovernmental mandates in the
bill or joint resolution;
(B) if the bill or resolution
contains an authorization of
appropriations under section
658d(a)(2)(B) of this title, the
amount of new budget authority for
each fiscal year for a period not to
exceed 10 years beyond the effective
date necessary for the direct cost
of the intergovernmental mandate;
and
(C) the amount, if any, of
increase in authorization of
appropriations under existing
Federal financial assistance
programs, or of authorization of
appropriations for new Federal
financial assistance, provided by
the bill or joint resolution and
usable by State, local, or tribal
governments for activities subject
to the Federal intergovernmental
mandates.
(3) Additional flexibility information
The Director shall include in the
statement submitted under this subsection,
in the case of legislation that makes
changes as described in section
658(5)(B)(i)(II) of this title--
(A) if no additional flexibility
is provided in the legislation, a
description of whether and how the
States can offset the reduction
under existing law; or
(B) if additional flexibility is
provided in the legislation, whether
the resulting savings would offset
the reductions in that program
assuming the States fully implement
that additional flexibility.
(4) Estimate not feasible
If the Director determines that it is
not feasible to make a reasonable estimate
that would be required under paragraphs (1)
and (2), the Director shall not make the
estimate, but shall report in the statement
that the reasonable estimate cannot be made
and shall include the reasons for that
determination in the statement. If such
determination is made by the Director, a
point of order under this part shall lie
only under section 658d(a)(1) of this title
and as if the requirement of section
658d(a)(1) of this title had not been met.
(b) Federal private sector mandates in reported bills and
joint resolutions
For each bill or joint resolution of a public character
reported by any committee of authorization of the Senate or
the House of Representatives, the Director of the
Congressional Budget Office shall prepare and submit to the
committee a statement as follows:
(1) Contents
If the Director estimates that the
direct cost of all Federal private sector
mandates in the bill or joint resolution
will equal or exceed $100,000,000 (adjusted
annually for inflation) in the
[[Page 288]]
fiscal year in which any Federal private
sector mandate in the bill or joint
resolution (or in any necessary implementing
regulation) would first be effective or in
any of the 4 fiscal years following such
fiscal year, the Director shall so state,
specify the estimate, and briefly explain
the basis of the estimate.
(2) Estimates
Estimates required under paragraph (1)
shall include estimates (and a brief
explanation of the basis of the estimates)
of--
(A) the total amount of direct
costs of complying with the Federal
private sector mandates in the bill
or joint resolution; and
(B) the amount, if any, of
increase in authorization of
appropriations under existing
Federal financial assistance
programs, or of authorization of
appropriations for new Federal
financial assistance, provided by
the bill or joint resolution usable
by the private sector for the
activities subject to the Federal
private sector mandates.
(3) Estimate not feasible
If the Director determines that it is
not feasible to make a reasonable estimate
that would be required under paragraphs (1)
and (2), the Director shall not make the
estimate, but shall report in the statement
that the reasonable estimate cannot be made
and shall include the reasons for that
determination in the statement.
(c) Legislation falling below direct costs thresholds
If the Director estimates that the direct costs of a
Federal mandate will not equal or exceed the thresholds
specified in subsections (a) and (b), the Director shall so
state and shall briefly explain the basis of the estimate.
(d) Amended bills and joint resolutions; conference reports
If a bill or joint resolution is passed in an amended
form (including if passed by one House as an amendment in
the nature of a substitute for the text of a bill or joint
resolution from the other House) or is reported by a
committee of conference in amended form, and the amended
form contains a Federal mandate not previously considered by
either House or which contains an increase in the direct
cost of a previously considered Federal mandate, then the
committee of conference shall ensure, to the greatest extent
practicable, that the Director shall prepare a statement as
provided in this subsection or a supplemental statement for
the bill or joint resolution in that amended form. (Pub. L.
93-344, Title IV, Sec. 424, as added Pub. L. 104-4, Title I,
Sec. 101(a)(2), Mar. 22, 1995, 109 Stat. 55; amended Pub. L.
106-141, Sec. 2(b) Dec. 7, 1999, 113 Stat. 1699.)
299 Sec. 658d. Legislation subject to point of order
(a) In general
It shall not be in order in the Senate or the House of
Representatives to consider--
(1) any bill or joint resolution that is
reported by a committee unless the committee has
published a statement of the Director on the
direct costs of Federal mandates in accordance
with section
[[Page 289]]
658b(f) of this title before such consideration,
except this paragraph shall not apply to any
supplemental statement prepared by the Director
under section 658c(d) of this title; and
(2) any bill, joint resolution, amendment,
motion, or conference report that would increase
the direct costs of Federal intergovernmental
mandates by an amount that causes the thresholds
specified in section 658c(a)(1) of this title to
be exceeded, unless--
(A) the bill, joint resolution,
amendment, motion, or conference report
provides new budget authority or new
entitlement authority in the House of
Representatives or direct spending authority
in the Senate for each fiscal year for such
mandates included in the bill, joint
resolution, amendment, motion, or conference
report in an amount equal to or exceeding
the direct costs of such mandate; or
(B) the bill, joint resolution,
amendment, motion, or conference report
includes an authorization for appropriations
in an amount equal to or exceeding the
direct costs of such mandate, and--
(i) identifies a specific dollar
amount of the direct costs of such
mandate for each year up to 10 years
during which such mandate shall be
in effect under the bill, joint
resolution, amendment, motion or
conference report, and such estimate
is consistent with the estimate
determined under subsection (e) for
each fiscal year;
(ii) identifies any
appropriation bill that is expected
to provide for Federal funding of
the direct cost referred to under
clause (i); and
(iii)(I) provides that for any
fiscal year the responsible Federal
agency shall determine whether there
are insufficient appropriations for
that fiscal year to provide for the
direct costs under clause (i) of
such mandate, and shall (no later
than 30 days after the beginning of
the fiscal year) notify the
appropriate authorizing committees
of Congress of the determination and
submit either--
(aa) a statement that
the agency has determined,
based on a re-estimate of
the direct costs of such
mandate, after consultation
with State, local, and
tribal governments, that the
amount appropriated is
sufficient to pay for the
direct costs of such
mandate; or
(bb) legislative
recommendations for either
implementing a less costly
mandate or making such
mandate ineffective for the
fiscal year;
(II) provides for expedited
procedures for the consideration of
the statement or legislative
recommendations referred to in
subclause (I) by Congress no later
than 30 days after the statement or
recommendations are submitted to
Congress; and
(III) provides that such mandate
shall--
(aa) in the case of a
statement referred to in
subclause (I)(aa), cease to
be effective 60 days after
the statement is submitted
unless Congress has approved
the agency's determination
by joint resolution during
the 60-day period;
(bb) cease to be
effective 60 days after the
date the legislative
recommendations of the
responsible Federal
[[Page 290]]
agency are submitted to
Congress under subclause
(I)(bb) unless Congress
provides otherwise by law;
or
(cc) in the case that
such mandate that has not
yet taken effect, continue
not to be effective unless
Congress provides otherwise
by law.
(b) Rule of construction
The provisions of subsection (a)(2)(B)(iii) shall not be
construed to prohibit or otherwise restrict a State, local,
or tribal government from voluntarily electing to remain
subject to the original Federal intergovernmental mandate,
complying with the programmatic or financial
responsibilities of the original Federal intergovernmental
mandate and providing the funding necessary consistent with
the costs of Federal agency assistance, monitoring, and
enforcement.
(c) Committee on Appropriations
(1) Application
The provisions of subsection (a)--
(A) shall not apply to any bill or
resolution reported by the Committee on
Appropriations of the Senate or the House of
Representatives; except
(B) shall apply to--
(i) any legislative provision
increasing direct costs of a Federal
intergovernmental mandate contained
in any bill or resolution reported
by the Committee on Appropriations
of the Senate or House of
Representatives;
(ii) any legislative provision
increasing direct costs of a Federal
intergovernmental mandate contained
in any amendment offered to a bill
or resolution reported by the
Committee on Appropriations of the
Senate or House of Representatives;
(iii) any legislative provision
increasing direct costs of a Federal
intergovernmental mandate in a
conference report accompanying a
bill or resolution reported by the
Committee on Appropriations of the
Senate or House of Representatives;
and
(iv) any legislative provision
increasing direct costs of a Federal
intergovernmental mandate contained
in any amendments in disagreement
between the two Houses to any bill
or resolution reported by the
Committee on Appropriations of the
Senate or House of Representatives.
(2) Certain provisions stricken in Senate
Upon a point of order being made by any
Senator against any provision listed in
paragraph (1)(B), and the point of order being
sustained by the Chair, such specific provision
shall be deemed stricken from the bill,
resolution, amendment, amendment in
disagreement, or conference report and may not
be offered as an amendment from the floor.
(d) Determinations of applicability to pending legislation
For purposes of this section, in the Senate, the
presiding officer of the Senate shall consult with the
Committee on Governmental Affairs, to the extent
practicable, on questions concerning the applicability of
[[Page 291]]
this part to a pending bill, joint resolution, amendment,
motion, or conference report.
(e) Determinations of Federal mandate levels
For purposes of this section, in the Senate, the levels
of Federal mandates for a fiscal year shall be determined
based on the estimates made by the Committee on the Budget.
(Pub. L. 93-344, Title IV, Sec. 425, as added Pub. L. 104-4,
Title I, Sec. 101(a)(2), Mar. 22, 1995, 109 Stat. 56.)
* * * * * * *
300 Sec. 658f. Requests to Congressional Budget Office from
Senators
At the written request of a Senator, the Director shall,
to the extent practicable, prepare an estimate of the direct
costs of a Federal intergovernmental mandate contained in an
amendment of such Senator. (Pub. L. 93-344, Title IV,
Sec. 427, as added Pub. L. 104-4, Title I, Sec. 101(a)(2),
Mar. 22, 1995, 109 Stat. 59.)
301 Sec. 658g. Clarification of application
(a) In general
This part applies to any bill, joint resolution,
amendment, motion, or conference report that reauthorizes
appropriations, or that amends existing authorizations of
appropriations, to carry out any statute, or that otherwise
amends any statute, only if enactment of the bill, joint
resolution, amendment, motion, or conference report--
(1) would result in a net reduction in or
elimination of authorization of appropriations
for Federal financial assistance that would be
provided to State, local, or tribal governments
for use for the purpose of complying with any
Federal intergovernmental mandate, or to the
private sector for use to comply with any
Federal private sector mandate, and would not
eliminate or reduce duties established by the
Federal mandate by a corresponding amount; or
(2) would result in a net increase in the
aggregate amount of direct costs of Federal
intergovernmental mandates or Federal private
sector mandates other than as described in
paragraph (1).
(b) Direct costs
(1) In general
For purposes of this part, the direct cost
of the Federal mandates in a bill, joint
resolution, amendment, motion, or conference
report that reauthorizes appropriations, or that
amends existing authorizations of
appropriations, to carry out a statute, or that
otherwise amends any statute, means the net
increase, resulting from enactment of the bill,
joint resolution, amendment, motion, or
conference report, in the amount described under
paragraph (2)(A) over the amount described under
paragraph (2)(B).
[[Page 292]]
(2) Amounts
The amounts referred to under paragraph (1)
are--
(A) the aggregate amount of direct costs
of Federal mandates that would result under
the statute if the bill, joint resolution,
amendment, motion, or conference report is
enacted; and
(B) the aggregate amount of direct costs
of Federal mandates that would result under
the statute if the bill, joint resolution,
amendment, motion, or conference report were
not enacted.
(3) Extension of authorization of appropriations
For purposes of this section, in the case of
legislation to extend authorization of
appropriations, the authorization level that
would be provided by the extension shall be
compared to the authorization level for the last
year in which authorization of appropriations is
already provided. (Pub. L. 93-344, Title IV,
Sec. 428, as added Pub. L. 104-4, Title I,
Sec. 101(a)(2), Mar. 22, 1995, 109 Stat. 59.)
* * * * * * *
Chapter 17B--IMPOUNDMENT CONTROL
Subchapter I.--General Provisions
302 Sec. 681. Disclaimer.
Nothing contained in this Act, or in any amendments made
by this Act, shall be construed as--
(1) asserting or conceding the
constitutional powers or limitations of either
the Congress or the President;
(2) ratifying or approving any impoundment
heretofore or hereafter executed or approved by
the President or any other Federal officer or
employee, except insofar as pursuant to
statutory authorization then in effect;
(3) affecting in any way the claims or
defenses of any party to litigation concerning
any impoundment; or
(4) superseding any provision of law which
requires the obligation of budget authority or
the making of outlays thereunder. (Pub. L. 93-
344, Title X, Sec. 1001, July 12, 1974, 88 Stat.
332.)
Subchapter II.--Congressional Consideration of Proposed
Recissions, Reservations, and Deferrals of Budget Authority
303 Sec. 682. Definitions
For purposes of sections 682 to 688 of this title--
(1) ``deferral of budget authority''
includes--
(A) withholding or delaying the
obligation or expenditure of budget
authority (whether by establishing reserves
or otherwise) provided for projects or
activities; or
(B) any other type of Executive action
or inaction which effectively precludes the
obligation or expenditure of budget
authority, including authority to obligate
by contract in advance of appropriations as
specifically authorized by law;
(2) ``Comptroller General'' means the
Comptroller General of the United States;
(3) ``rescission bill'' means a bill or
joint resolution which only rescinds, in whole
or in part, budget authority proposed to be
rescinded in a special message transmitted by
the President under
[[Page 293]]
section 683 of this title, and upon which the
Congress completes action before the end of the
first period of 45 calendar days of continuous
session of the Congress after the date on which
the President's message is received by the
Congress;
(4) ``impoundment resolution'' means a
resolution of the House of Representatives or
the Senate which only expresses its disapproval
of a proposed deferral of budget authority set
forth in a special message transmitted by the
President under section 684 of this title; and
(5) continuity of a session of the Congress
shall be considered as broken only by an
adjournment of the Congress sine die, and the
days on which either House is not in session
because of an adjournment of more than 3 days to
a day certain shall be excluded in the
computation of the 45-day period referred to in
paragraph (3) of this section and in section 683
of this title, and the 25-day periods referred
to in sections 687 and 688(b)(1) of this title.
If a special message is transmitted under
section 683 of this title during any Congress
and the last session of such Congress adjourns
sine die before the expiration of 45 calendar
days of continuous session (or a special message
is so transmitted after the last session of the
Congress adjourns sine die), the message shall
be deemed to have been retransmitted on the
first day of the succeeding Congress and the 45-
day period referred to in paragraph (3) of this
section and in section 683 of this title (with
respect to such message) shall commence on the
day after such first day. (Pub. L. 93-344, Title
X, Sec. 1011, July 12, 1974, 88 Stat. 333.)
304 Sec. 683. Rescission of budget authority
(a) Transmittal of special message
Whenever the President determines that all or part of
any budget authority will not be required to carry out the
full objectives or scope of programs for which it is
provided or that such budget authority should be rescinded
for fiscal policy or other reasons (including the
termination of authorized projects or activities for which
budget authority has been provided), or whenever all or part
of budget authority provided for only one fiscal year is to
be reserved from obligation for such fiscal year, the
President shall transmit to both Houses of Congress a
special message specifying--
(1) the amount of budget authority which he
proposes to be rescinded or which is to be so
reserved;
(2) any account, department, or
establishment of the Government to which such
budget authority is available for obligation,
and the specific project or governmental
functions involved;
(3) the reasons why the budget authority
should be rescinded or is to be so reserved;
(4) to the maximum extent practicable, the
estimated fiscal, economic, and budgetary effect
of the proposed rescission or of the
reservation; and
(5) all facts, circumstances, and
considerations relating to or bearing upon the
proposed rescission or the reservation and the
decision to effect the proposed rescission or
the reservation, and to the maximum extent
practicable, the estimated effect of the
proposed rescis
[[Page 294]]
sion or the reservation upon the objects,
purposes, and programs for which the budget
authority is provided.
(b) Requirement to make available for obligation
Any amount of budget authority proposed to be rescinded
or that is to be reserved as set forth in such special
message shall be made available for obligation unless,
within the prescribed 45-day period, the Congress has
completed action on a rescission bill rescinding all or part
of the amount proposed to be rescinded or that is to be
reserved. Funds made available for obligation under this
procedure may not be proposed for rescission again. (Pub. L.
93-344, Title X, Sec. 1012, July 12, 1974, 88 Stat. 333;
Pub. L. 100-119, Title II, Sec. 207, Sept. 29, 1987, 101
Stat. 786.)
305 Sec. 684. Proposed deferrals of budget authority
(a) Transmittal of special message
Whenever the President, the Director of the Office of
Management and Budget, the head of any department or agency
of the United States, or any officer or employee of the
United States proposes to defer any budget authority
provided for a specific purpose or project, the President
shall transmit to the House of Representatives and the
Senate a special message specifying--
(1) the amount of the budget authority
proposed to be deferred;
(2) any account, department, or
establishment of the Government to which such
budget authority is available for obligation,
and the specific projects or governmental
functions involved;
(3) the period of time during which the
budget authority is proposed to be deferred;
(4) the reasons for the proposed deferral,
including any legal authority invoked to justify
the proposed deferral;
(5) to the maximum extent practicable, the
estimated fiscal, economic, and budgetary effect
of the proposed deferral; and
(6) all facts, circumstances, and
considerations relating to or bearing upon the
proposed deferral and the decision to effect the
proposed deferral, including an analysis of such
facts, circumstances, and considerations in
terms of their application to any legal
authority, including specific elements of legal
authority, invoked to justify such proposed
deferral, and to the maximum extent practicable,
the estimated effect of the proposed deferral
upon the objects, purposes, and programs for
which the budget authority is provided.
A special message may include one or more proposed
deferrals of budget authority. A deferral may not be
proposed for any period of time extending beyond the end of
the fiscal year in which the special message proposing the
deferral is transmitted to the House and the Senate.
(b) Consistency with legislative policy
Deferrals shall be permissible only--
(1) to provide for contingencies;
(2) to achieve savings made possible by or
through changes in requirements or greater
efficiency of operations; or
(3) as specifically provided by law.
No officer or employee of the United States may defer
any budget authority for any other purpose.
[[Page 295]]
(c) Exception
The provisions of this section do not apply to any
budget authority proposed to be rescinded or that is to be
reserved as set forth in a special message required to be
transmitted under section 683 of this title. (Pub. L. 93-
344, Title X, Sec. 1013, July 12, 1974, 88 Stat. 334; Pub.
L. 100-119, Title II, Sec. 206(a), Sept. 29, 1987, 101 Stat.
785.)
* * * * * * *
306 Sec. 688. Procedure in House of Representatives and Senate
(a) Referral
Any rescission bill introduced with respect to a special
message or impoundment resolution introduced with respect to
a proposed deferral of budget authority shall be referred to
the appropriate committee of the House of Representatives or
the Senate, as the case may be.
(b) Discharge of committee
(1) If the committee to which a rescission bill or
impoundment resolution has been referred has not reported it
at the end of 25 calendar days of continuous session of the
Congress after its introduction, it is in order to move
either to discharge the committee from further consideration
of the bill or resolution or to discharge the committee from
further consideration of any other rescission bill with
respect to the same special message or impoundment
resolution with respect to the same proposed deferral, as
the case may be, which has been referred to the committee.
(2) A motion to discharge may be made only by an
individual favoring the bill or resolution, may be made only
if supported by one-fifth of the Members of the House
involved (a quorum being present), and is highly privileged
in the House and privileged in the Senate (except that it
may not be made after the committee has reported a bill or
resolution with respect to the same special message or the
same proposed deferral, as the case may be); and debate
thereon shall be limited to not more than 1 hour, the time
to be divided in the House equally between those favoring
and those opposing the bill or resolution, and to be divided
in the Senate equally between, and controlled by, the
majority leader and the minority leader or their designees.
An amendment to the motion is not in order, and it is not in
order to move to reconsider the vote by which the motion is
agreed to or disagreed to.
(c) Floor consideration in House
(1) When the committee of the House of Representatives
has reported, or has been discharged from further
consideration of, a rescission bill or impoundment
resolution, it shall at any time thereafter be in order
(even though a previous motion to the same effect has been
disagreed to) to move to proceed to the consideration of the
bill or resolution. The motion shall be highly privileged
and not debatable. An amendment to the motion shall not be
in order, nor shall it be in order to move to reconsider the
vote by which the motion is agreed to or disagreed to.
(2) Debate on a rescission bill or impoundment
resolution shall be limited to not more than 2 hours, which
shall be divided equally between those favoring and those
opposing the bill or resolution. A motion further
[[Page 296]]
to limit debate shall not be debatable. In the case of an
impoundment resolution, no amendment to, or motion to
recommit, the resolution shall be in order. It shall not be
in order to move to reconsider the vote by which a
rescission bill or impoundment resolution is agreed to or
disagreed to.
(3) Motions to postpone, made with respect to the
consideration of a rescission bill or impoundment
resolution, and motions to proceed to the consideration of
other business, shall be decided without debate.
(4) All appeals from the decisions of the Chair relating
to the application of the Rules of the House of
Representatives to the procedure relating to any rescission
bill or impoundment resolution shall be decided without
debate.
(5) Except to the extent specifically provided in the
preceding provisions of this subsection, consideration of
any rescission bill or impoundment resolution and amendments
thereto (or any conference report thereon) shall be governed
by the Rules of the House of Representatives applicable to
other bills and resolutions, amendments, and conference
reports in similar circumstances.
(d) Floor consideration in Senate
(1) Debate in the Senate on any rescission bill or
impoundment resolution, and all amendments thereto (in the
case of a rescission bill) and debatable motions and appeals
in connection therewith, shall be limited to not more than
10 hours. The time shall be equally divided between, and
controlled by, the majority leader and the minority leader
or their designees.
(2) Debate in the Senate on any amendment to a
rescission bill shall be limited to 2 hours, to be equally
divided between, and controlled by, the mover and the
manager of the bill. Debate on any amendment to an
amendment, to such a bill, and debate on any debatable
motion or appeal in connection with such a bill or an
impoundment resolution shall be limited to 1 hour, to be
equally divided between, and controlled by, the mover and
the manager of the bill or resolution, except that in the
event the manager of the bill or resolution is in favor of
any such amendment, motion, or appeal, the time in
opposition thereto, shall be controlled by the minority
leader or his designee. No amendment that is not germane to
the provisions of a rescission bill shall be received. Such
leaders, or either of them, may, from the time under their
control on the passage of a rescission bill or impoundment
resolution, allot additional time to any Senator during the
consideration of any amendment, debatable motion, or appeal.
(3) A motion to further limit debate is not debatable.
In the case of a rescission bill, a motion to recommit
(except a motion to recommit with instructions to report
back within a specified number of days, not to exceed 3, not
counting any day on which the Senate is not in session) is
not in order. Debate on any such motion to recommit shall be
limited to one hour, to be equally divided between, and
controlled by, the mover and the manager of the concurrent
resolution. In the case of an impoundment resolution, no
amendment or motion to recommit is in order.
(4) The conference report on any rescission bill shall
be in order in the Senate at any time after the third day
(excluding Saturdays, Sundays, and legal holidays) following
the day on which such a conference report is reported and is
available to Members of the Senate.
[[Page 297]]
A motion to proceed to the consideration of the conference
report may be made even though a previous motion to the same
effect has been disagreed to.
(5) During the consideration in the Senate of the
conference report on any rescission bill, debate shall be
limited to 2 hours to be equally divided between, and
controlled by, the majority leader and minority leader or
their designees. Debate on any debatable motion or appeal
related to the conference report shall be limited to 30
minutes, to be equally divided between, and controlled by,
the mover and the manager of the conference report.
(6) Should the conference report be defeated, debate on
any request for a new conference and the appointment of
conferees shall be limited to one hour, to be equally
divided between, and controlled by, the manager of the
conference report and the minority leader or his designee,
and should any motion be made to instruct the conferees
before the conferees are named, debate on such motion shall
be limited to 30 minutes, to be equally divided between, and
controlled by, the mover and the manager of the conference
report. Debate on any amendment to any such instructions
shall be limited to 20 minutes, to be equally divided
between, and controlled by, the mover and the manager of the
conference report. In all cases when the manager of the
conference report is in favor of any motion, appeal, or
amendment, the time in opposition shall be under the control
of the minority leader or his designee.
(7) In any case in which there are amendments in
disagreement, time on each amendment shall be limited to 30
minutes, to be equally divided between, and controlled by,
the manager of the conference report and the minority leader
or his designee. No amendment that is not germane to the
provisions of such amendments shall be received. (Pub. L.
93-344, Title X, Sec. 1017, July 12, 1974, 88 Stat. 337.)
NOTE
Supermajority Waiver and Appeal
(b) Any provision of Title III or IV may be waived or
suspended in the Senate by a majority vote of the Members
voting, a quorum being present, or by the unanimous consent
of the Senate.
(c) Waivers.--
(1) Permanent.--Sections 305(b)(2),
305(c)(4), 306, 310(d)(2), 313, 904(c), and
904(d) of this Act may be waived or suspended in
the Senate only by the affirmative vote of
three-fifths of the Members, duly chosen and
sworn.
(2) Temporary.--Sections 301(i), 302(c),
302(f), 310(g), 311(a), 312(b), and 312(c),
314(e) and 314(f) of this Act and sections
258(a)(4)(C), 258A(b)(3)(C)(i)\2\, 258B(f)(1),
258B(h)(1), 258B(h)(3)\3\, 258C(a)(5), and
258C(b)(1) of the Balanced Budget and Emergency
Deficit Control Act of 1985 may be waived or
suspended in the Senate only by the affirmative
vote of three-fifths of the Members, duly chosen
and sworn.
\2\ So in law. Probably should read
``258A(b)(3)(C)(i)''.
\3\ So in law. Probably should read ``258B(h)(3)''.
(d) Appeals.--
[[Page 298]]
(1) Procedure.--Appeals in the Senate from
the decisions of the Chair relating to any
provision of Title III or IV or section 1017
shall, except as otherwise provided therein, be
limited to 1 hour, to be equally divided
between, and controlled by, the mover and the
manager of the resolution, concurrent
resolution, reconciliation bill, or rescission
bill, as the case may be.
(2) Permanent.--An affirmative vote of
three-fifths of the Members, duly chosen and
sworn, shall be required in the Senate to
sustain an appeal of the ruling of the Chair on
a point of order raised under sections
305(b)(2), 305(c)(4), 306, 310(d)(2), 313,
904(c), and 904(d) of this Act.
(3) Temporary.--An affirmative vote of
three-fifths of the Members, duly chosen and
sworn, shall be required in the Senate to
sustain an appeal of the ruling of the Chair on
a point of order raised under sections 301(i),
302(c), 302(f), 310(g), 311(a), 312(b), and
312(c), 314(e) and 314(f) of this Act and
sections 258(a)(4)(C), 258A(b)(3)(C)(i) ,
258B(f)(1), 258B(h)(1), 258B(h)(3) , 258C(a)(5),
and 258C(b)(1) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
(e) Expiration of Certain Supermajority Voting
Requirements.--Subsections (c)(2) and (d)(3) shall expire on
September 30, 2002.
(2 U.S.C. 621 note.)\4\
\4\ Section 3201 of S. Con. Res. 11 (114th Congress)
extended this expiration date. The resolution states:
``Notwithstanding any provision of the Congressional
Budget Act of 1974 (2 U.S.C. 621 et seq.), subsections
(c)(2) and (d)(3) of section 904 of the Congressional
Budget Act of 1974 (2 U.S.C. 621 note) shall remain in
effect for purposes of Senate enforcement through
September 30, 2025.''
Referral of matters dealing with rescissions and deferrals.
On January 30, 1975, the Senate agreed to the following
resolution, which provides for the referral of matters
dealing with rescissions and deferrals:
Resolved (1) That messages received pursuant to Title X
of the Congressional Budget and Impoundment Control Act [2
U.S.C. 681-2 U.S.C. 688] be referred concurrently to the
Appropriations Committee, to the Budget Committee, and to
any other appropriate authorizing committee.
(2) That bills, resolutions, and joint resolutions
introduced with respect to rescissions and deferrals shall
be referred to the Appropriations Committee, the Budget
Committee, and pending implementation of section 410 of the
Congressional Budget Impoundment Control Act [should be
section 401, 2 U.S.C. 651] and subject to section 401(d) [2
U.S.C. 651(d)], to any other committee exercising
jurisdiction over contract and borrowing authority programs
as defined by section 401(c)(2) (A) and (B) [2 U.S.C.
651(c)(2) (A) and (B)]. The Budget Committee and such other
Committees shall report their views, if any, to the
Appropriations Committee within 20 days following referral
of such bills, resolutions, or joint resolutions. The Budget
Committee's consideration shall extend only to macroeconomic
implications, impact on priorities and aggregate spending
levels, and the legality of the President's use of the
deferral and rescissions mechanism under Title X. The
Appropriations and authorizing committees shall exercise
their normal responsibilities over programs and priorities.
[[Page 299]]
(3) If any Committee to which a bill or resolution has
been referred recommends its passage, the Appropriations
Committee shall report that bill or resolution together with
its views and reports of the Budget and any appropriate
authorizing committees to the Senate within:
(A) the time remaining under the Act in the
case of rescissions, or
(B) within 20 days in the case of deferrals.
(4) The 20 day period referred to herein means 20
calendar days; and for the purposes of computing the 20
days, recesses or adjournments of the Senate for more than 3
days to a day certain shall not be counted; and for recesses
and adjournments of more than 30 calendar days, continuous
duration or the sine die adjournment of a session, the 20
day period shall begin anew on the day following the
reconvening of the Senate. (S. Res. 45, 94-1, Jan. 30, 1975,
121 Cong. Rec. 1917, amended by unanimous consent, Apr. 11,
1986, Cong. Rec., p. 4157, daily ed.).
Joint referral of legislation affecting the budget process.
On August 4, 1977, the Senate agreed to an order
providing that legislation affecting the congressional
budget process be referred jointly to the Committee on the
Budget and the Committee on Governmental Affairs and that,
if one committee reports a jointly referred measure, the
other must act on the measure within 30 calendar days of
continuous possession or be automatically discharged from
further consideration of the measure:
Legislative proposals affecting the congressional budget
process to which this order applies are:
First. The functions, duties, and powers of the Budget
Committee--as described in Title I of the . . .
[Congressional Budget and Impoundment Control Act of 1974];
Second. The functions, duties, and powers of the
Congressional Budget Office--as described in Titles II and
IV of the Act [2 U.S.C. 601-603; 2 U.S.C. 651-653];
Third. The process by which Congress annually
establishes the appropriate levels of budget authority,
outlays, revenues, deficits or surpluses, and public debt--
including subdivisions thereof. That process includes the
establishment of: mandatory ceilings on spending and
appropriations; a floor on revenues; timetables for
congressional action on concurrent resolutions, on the
reporting of authorization bills, and on the enactment of
appropriation bills; and enforcement mechanisms for the
limits and timetables, all as described in Title III and IV
of the act [2 U.S.C. 631-641; 2 U.S.C. 651-653].
Fourth. The limiting of backdoor spending devices--as
described in Title IV of the act [2 U.S.C. 651-653];
Fifth. The timetables for Presidential submission of
appropriations and authorization requests--as described in
Title VI of the act [repealed, with portions being codified
in sections 1105, 1109, and 1110 of Title 31, United States
Code];
Sixth. The definitions of what constitutes impoundment--
such as ``rescissions'' and ``deferrals,'' as provided in
the Impoundment Control Act, Title X [2 U.S.C. 681-688];
Seventh. The process and determination by which
impoundments must be reported to and considered by
Congress--as provided in the Impoundment Control Act, Title
X [2 U.S.C. 681-688];
[[Page 300]]
Eighth. The mechanisms to insure Executive compliance
with the provisions of the Impoundment Control Act, Title X
[2 U.S.C. 681-688]--such as GAO review and lawsuits; and
Ninth. The provisions which affect the content or
determination of amounts included in or excluded from the
congressional budget or the calculation of such amounts,
including the definition of terms provided by the Budget
Act--as set forth in Title I thereof [2 U.S.C. 622].(By
unanimous consent, Aug. 4, 1977; Cong. Rec., p. S13553,
daily ed.)
Constitutionality of Line Item Veto
The United States Supreme Court, in Clinton v. City of
New York, 524 U.S. 811, 118 S.Ct. 2091, 141 L.Ed. 2d 393
(1998), found that the Line Item Veto Act of 1996, Pub. L.
104-130, April 9, 1996, 110 Stat. 1200, which is classified
generally to Subchapter III of Chapter 17B (section 691 et
seq.) of Title 2 was unconstitutional as a violation of the
Presentment Clause of the United States Constitution (USCA
Const. Art. I Sec. 7, cl. 2).
Chapter 20--EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS
307 Sec. 907a. Suspension in event of war or low growth
(a) Procedures in event of low-growth report \5\
\5\ The Congressional Budget Office (CBO) is no longer
required to issue such a low growth report. Subsection
254(i) was made not applicable to CBO by Sec. 104(b) of
Pub. L. 112-25, the Budget Control Act of 2011.
(1) Trigger
Whenever CBO issues a low-growth report
under section 254(i) [2 U.S.C. 904(i)], the
Majority Leader of the House of
Representatives may, and the Majority Leader
of the Senate shall, introduce a joint
resolution (in the form set forth in
paragraph (2)) declaring that the conditions
specified in section 254(i) are met and
suspending the relevant provisions of this
title, titles III and VI of the
Congressional Budget Act of 1974 [2 U.S.C.
631 et seq.], and section 1103 of title 31.
(2) Form of joint resolution
(A) The matter after the resolving clause in
any joint resolution introduced pursuant to
paragraph (1) shall be as follows: ``That the
Congress declares that the conditions specified
in section 254(j) of the Balanced Budget and
Emergency Deficit Control Act of 1985 are met,
and the implementation of the Congressional
Budget and Impoundment Control Act of 1974,
chapter 11 of title 31, United States Code, and
part C of the Balanced Budget and Emergency
Deficit Control Act of 1985 are modified as
described in section 258(b) of the Balanced
Budget and Emergency Deficit Control Act of
1985.''
(B) The title of the joint resolution shall
be ``Joint resolution suspending certain
provisions of law pursuant to section 258(a)(2)
of the Balanced Budget and Emergency Deficit
Control Act of 1985.''; and the joint resolution
shall not contain any preamble.
(3) Committee action
Each joint resolution introduced
pursuant to paragraph (1) shall be referred
to the appropriate committees of the House
[[Page 301]]
of Representatives or the Committee on the
Budget of the Senate, as the case may be;
and such Committee shall report the joint
resolution to its House without amendment on
or before the fifth day on which such House
is in session after the date on which the
joint resolution is introduced. If the
Committee fails to report the joint
resolution within the five-day period
referred to in the preceding sentence, it
shall be automatically discharged from
further consideration of the joint
resolution, and the joint resolution shall
be placed on the appropriate calendar.
(4) Consideration of joint resolution
(A) A vote on final passage of a joint
resolution reported to the Senate or discharged
pursuant to paragraph (3) shall be taken on or
before the close of the fifth calendar day of
session after the date on which the joint
resolution is reported or after the Committee
has been discharged from further consideration
of the joint resolution. If prior to the passage
by one House of a joint resolution of that
House, that House receives the same joint
resolution from the other House, then--
(i) the procedure in that House
shall be the same as if no such
joint resolution had been received
from the other House, but
(ii) the vote on final passage
shall be on the joint resolution of
the other House.When the joint
resolution is agreed to, the Clerk
of the House of Representatives (in
the case of a House joint resolution
agreed to in the House of
Representatives) or the Secretary of
the Senate (in the case of a Senate
joint resolution agreed to in the
Senate) shall cause the joint
resolution to be engrossed,
certified, and transmitted to the
other House of the Congress as soon
as practicable.
(B)(i) In the Senate, a joint resolution
under this paragraph shall be privileged. It
shall not be in order to move to reconsider the
vote by which the motion is agreed to or
disagreed to.
(ii) Debate in the Senate on a
joint resolution under this
paragraph, and all debatable motions
and appeals in connection therewith,
shall be limited to not more than
five hours. The time shall be
equally divided between, and
controlled by, the majority leader
and the minority leader or their
designees.
(iii) Debate in the Senate on
any debatable motion or appeal in
connection with a joint resolution
under this paragraph shall be
limited to not more than one hour,
to be equally divided between, and
controlled by, the mover and the
manager of the joint resolution,
except that in the event the manager
of the joint resolution is in favor
of any such motion or appeal, the
time in opposition thereto shall be
controlled by the minority leader or
his designee.
(iv) A motion in the Senate to
further limit debate on a joint
resolution under this paragraph is
not debatable. A motion to table or
to recommit a joint resolution under
this paragraph is not in order.
[[Page 302]]
(C) No amendment to a joint resolution
considered under this paragraph shall be in
order in the Senate.
(b) Suspension of sequestration procedures
Upon the enactment of a declaration of
war or a joint resolution described in
subsection (a)--
(1) the subsequent issuance of any sequestration report
or any sequestration order is precluded;
(2) sections 302(f), 310(d), 311(a), and title VI of the
Congressional Budget Act of 1974 [2 U.S.C. 633(f), 641(d),
642(a)] are suspended; and
(3) section 1103 of title 31 is suspended.
(c) Restoration of sequestration procedures
(1) In the event of a suspension of sequestration
procedures due to a declaration of war, then, effective with
the first fiscal year that begins in the session after the
state of war is concluded by Senate ratification of the
necessary treaties, the provisions of subsection (b)
triggered by that declaration of war are no longer
effective.
(2) In the event of a suspension of sequestration
procedures due to the enactment of a joint resolution
described in subsection (a), then, effective with regard to
the first fiscal year beginning at least 12 months after the
enactment of that resolution, the provisions of subsection
(b) triggered by that resolution are no longer effective.
(Pub. L. 99-177, Title II, Sec. 258, as added Pub. L. 101-
508, Title XIII, Sec. 13101(f), Nov. 5, 1990, 104 Stat.
1388-593; amended Pub. L. 113-67, div. A, Title I,
Sec. 121(10), Dec. 26, 2013, 127 Stat. 1175.)
308 Sec. 907b. Modification of Presidential order
(a) Introduction of joint resolution
At any time after the Director of OMB
issues a final sequestration report under
section 904 of this title for a fiscal year,
but before the close of the twentieth
calendar day of the session of Congress
beginning after the date of issuance of such
report, the majority leader of either House
of Congress may introduce a joint resolution
which contains provisions directing the
President to modify the most recent order
issued under section 904 of this title or
provide an alternative to reduce the deficit
for such fiscal year. After the introduction
of the first such joint resolution in either
House of Congress in any calendar year, then
no other joint resolution introduced in such
House in such calendar year shall be subject
to the procedures set forth in this section.
(b) Procedures for consideration of joint resolutions
(1) Referral to committee
A joint resolution introduced in the
Senate under subsection (a) shall not be
referred to a committee of the Senate and
shall be placed on the calendar pending
disposition of such joint resolution in
accordance with this subsection.
(2) Consideration in Senate
On or after the third calendar day
(excluding Saturdays, Sundays, and legal
holidays) beginning after a joint resolution
is introduced under subsection (a),
notwithstanding any rule or precedent of the
Senate, including Rule XXII of the Standing
[[Page 303]]
Rules of the Senate, it is in order (even
though a previous motion to the same effect
has been disagreed to) for any Member of the
Senate to move to proceed to the
consideration of the joint resolution. The
motion is not in order after the eighth
calendar day (excluding Saturdays, Sundays,
and legal holidays) beginning after a joint
resolution (to which the motion applies) is
introduced. The joint resolution is
privileged in the Senate. A motion to
reconsider the vote by which the motion is
agreed to or disagreed to shall not be in
order. If a motion to proceed to the
consideration of the joint resolution is
agreed to, the Senate shall immediately
proceed to consideration of the joint
resolution without intervening motion,
order, or other business, and the joint
resolution shall remain the unfinished
business of the Senate until disposed of.
(3) Debate in Senate
(A) In the Senate, debate on a joint
resolution introduced under subsection (a),
amendments thereto, and all debatable motions
and appeals in connection therewith shall be
limited to not more than 10 hours, which shall
be divided equally between the majority leader
and the minority leader (or their designees).
(B) A motion to postpone, or a motion to
proceed to the consideration of other business
is not in order. A motion to reconsider the vote
by which the joint resolution is agreed to or
disagreed to is not in order, and a motion to
recommit the joint resolution is not in order.
(C)(i) No amendment that is not germane to
the provisions of the joint resolution or to the
order issued under section 904 of this title
shall be in order in the Senate. In the Senate,
an amendment, any amendment to an amendment, or
any debatable motion or appeal is debatable for
not to exceed 30 minutes to be equally divided
between, and controlled by, the mover and the
majority leader (or their designees), except
that in the event that the majority leader
favors the amendment, motion, or appeal, the
minority leader (or the minority leader's
designee) shall control the time in opposition
to the amendment, motion, or appeal.
(ii) In the Senate, an amendment
that is otherwise in order shall be
in order notwithstanding the fact
that it amends the joint resolution
in more than one place or amends
language previously amended. It
shall not be in order in the Senate
to vote on the question of agreeing
to such a joint resolution or any
amendment thereto unless the figures
then contained in such joint
resolution or amendment are
mathematically consistent.
(4) Vote on final passage
Immediately following the conclusion of
the debate on a joint resolution introduced
under subsection (a), a single quorum call
at the conclusion of the debate if requested
in accordance with the rules of the Senate,
and the disposition of any pending
amendments under paragraph (3), the vote on
final passage of the joint resolution shall
occur.
(5) Appeals
Appeals from the decisions of the Chair
shall be decided without debate.
[[Page 304]]
(6) Conference reports
In the Senate, points of order under
titles III, IV, and VI 1 of the
Congressional Budget Act of 1974 [2 U.S.C.
631 et seq., 651 et seq.] are applicable to
a conference report on the joint resolution
or any amendments in disagreement thereto.
(7) Resolution from other House
If, before the passage by the Senate of
a joint resolution of the Senate introduced
under subsection (a), the Senate receives
from the House of Representatives a joint
resolution introduced under subsection (a),
then the following procedures shall apply:
(A) The joint resolution of the House of
Representatives shall not be referred to a
committee and shall be placed on the calendar.
(B) With respect to a joint resolution
introduced under subsection (a) in the Senate--
(i) the procedure in the Senate
shall be the same as if no joint
resolution had been received from
the House; but
(ii)(I) the vote on final
passage shall be on the joint
resolution of the House if it is
identical to the joint resolution
then pending for passage in the
Senate; or
(II) if the joint resolution
from the House is not identical to
the joint resolution then pending
for passage in the Senate and the
Senate then passes the Senate joint
resolution, the Senate shall be
considered to have passed the House
joint resolution as amended by the
text of the Senate joint resolution.
(C) Upon disposition of the joint resolution
received from the House, it shall no longer be
in order to consider the resolution originated
in the Senate.
(8) Senate action on House resolution
If the Senate receives from the House of
Representatives a joint resolution
introduced under subsection (a) after the
Senate has disposed of a Senate originated
resolution which is identical to the House
passed joint resolution, the action of the
Senate with regard to the disposition of the
Senate originated joint resolution shall be
deemed to be the action of the Senate with
regard to the House originated joint
resolution. If it is not identical to the
House passed joint resolution, then the
Senate shall be considered to have passed
the joint resolution of the House as amended
by the text of the Senate joint resolution.
(Pub. L. 99-177, Title II, Sec. 258A, as
added Pub. L. 101-508, Title XIII,
Sec. 13101(f), Nov. 5, 1990, 104 Stat. 1388-
595.)
309 Sec. 907c. Flexibility among defense programs, projects, and
activities
(a) Reductions beyond amount specified in Presidential order
Subject to subsections (b), (c), and
(d), new budget authority and unobligated
balances for any programs, projects, or
activities within major functional category
050 (other than a military personnel
account) may be further reduced beyond the
amount specified in an order issued by the
President under section 904 of this title
for such fiscal year. To the extent such
additional
[[Page 305]]
reductions are made and result in additional
outlay reductions, the President may provide
for lesser reductions in new budget
authority and unobligated balances for other
programs, projects, or activities within
major functional category 050 for such
fiscal year, but only to the extent that the
resulting outlay increases do not exceed the
additional outlay reductions, and no such
program, project, or activity may be
increased above the level actually made
available by law in appropriation Acts
(before taking sequestration into account).
In making calculations under this
subsection, the President shall use account
outlay rates that are identical to those
used in the report by the Director of OMB
under section 904 of this title.
(b) Base closures prohibited
No actions taken by the President under
subsection (a) for a fiscal year may result
in a domestic base closure or realignment
that would otherwise be subject to section
2687 of title 10.
(c) Report and joint resolution required
The President may not exercise the
authority provided by this paragraph for a
fiscal year unless--
(1) the President submits a single report to Congress
specifying, for each account, the detailed changes proposed
to be made for such fiscal year pursuant to this section;
(2) that report is submitted within 5 calendar days of
the start of the next session of Congress; and
(3) a joint resolution affirming or modifying the
changes proposed by the President pursuant to this paragraph
becomes law.
(d) Introduction of joint resolution
Within 5 calendar days of session after
the President submits a report to Congress
under subsection (c)(1) for a fiscal year,
the majority leader of each House of
Congress shall (by request) introduce a
joint resolution which contains provisions
affirming the changes proposed by the
President pursuant to this paragraph.
(e) Form and title of joint resolution
(1) The matter after the resolving clause in any joint
resolution introduced pursuant to subsection (d) shall be as
follows: ``That the report of the President as submitted on
[Insert Date] under section 258B is hereby approved.''
(2) The title of the joint resolution shall be ``Joint
resolution approving the report of the President submitted
under section 258B of the Balanced Budget and Emergency
Deficit Control Act of 1985.''
(3) Such joint resolution shall not contain any
preamble.
(f) Calendaring and consideration of joint resolution in
Senate
(1) A joint resolution introduced in the Senate under
subsection (d) shall be referred to the Committee on
Appropriations, and if not reported within 5 calendar days
(excluding Saturdays, Sundays, and legal holidays) from the
date of introduction shall be considered as having been
discharged therefrom and shall be placed on the appropriate
calendar pending disposition of such joint resolution in
accordance with this sub
[[Page 306]]
section. In the Senate, no amendment proposed in the
Committee on Appropriations shall be in order other than an
amendment (in the nature of a substitute) that is germane or
relevant to the provisions of the joint resolution or to the
order issued under section 904 of this title. For purposes
of this paragraph, an amendment shall be considered to be
relevant if it relates to function 050 (national defense).
(2) On or after the third calendar day (excluding
Saturdays, Sundays, and legal holidays) beginning after a
joint resolution is placed on the Senate calendar,
notwithstanding any rule or precedent of the Senate,
including Rule XXII of the Standing Rules of the Senate, it
is in order (even though a previous motion to the same
effect has been disagreed to) for any Member of the Senate
to move to proceed to the consideration of the joint
resolution. The motion is not in order after the eighth
calendar day (excluding Saturdays, Sundays, and legal
holidays) beginning after such joint resolution is placed on
the appropriate calendar. The motion is not debatable. The
joint resolution is privileged in the Senate. A motion to
reconsider the vote by which the motion is agreed to or
disagreed to shall not be in order. If a motion to proceed
to the consideration of the joint resolution is agreed to,
the Senate shall immediately proceed to consideration of the
joint resolution without intervening motion, order, or other
business, and the joint resolution shall remain the
unfinished business of the Senate until disposed of.
(g) Debate of joint resolution; motions
(1) In the Senate, debate on a joint resolution
introduced under subsection (d), amendments thereto, and all
debatable motions and appeals in connection therewith shall
be limited to not more than 10 hours, which shall be divided
equally between the majority leader and the minority leader
(or their designees).
(2) A motion to postpone, or a motion to proceed to the
consideration of other business is not in order. A motion to
reconsider the vote by which the joint resolution is agreed
to or disagreed to is not in order. In the Senate, a motion
to recommit the joint resolution is not in order.
(h) Amendment of joint resolution
(1) No amendment that is not germane or relevant to the
provisions of the joint resolution or to the order issued
under section 904 of this title shall be in order in the
Senate. For purposes of this paragraph, an amendment shall
be considered to be relevant if it relates to function 050
(national defense). In the Senate, an amendment, any
amendment to an amendment, or any debatable motion or appeal
is debatable for not to exceed 30 minutes to be equally
divided between, and controlled by, the mover and the
majority leader (or their designees), except that in the
event that the majority leader favors the amendment, motion,
or appeal, the minority leader (or the minority leader's
designee) shall control the time in opposition to the
amendment, motion, or appeal.
(2) In the Senate, an amendment that is otherwise in
order shall be in order notwithstanding the fact that it
amends the joint resolution in more than one place or amends
language previously amended, so long as the amendment makes
or maintains mathematical consistency. It shall not be in
order in the Senate to vote on the question of agreeing to
such a joint resolution or any amendment thereto unless the
figures then contained in such joint resolution or amendment
are mathematically consistent.
[[Page 307]]
(3) It shall not be in order in the Senate to consider
any amendment to any joint resolution introduced under
subsection (d) or any conference report thereon if such
amendment or conference report would have the effect of
decreasing any specific budget outlay reductions below the
level of such outlay reductions provided in such joint
resolution unless such amendment or conference report makes
a reduction in other specific budget outlays at least
equivalent to any increase in outlays provided by such
amendment or conference report.
(4) For purposes of the application of paragraph (3),
the level of outlays and specific budget outlay reductions
provided in an amendment shall be determined on the basis of
estimates made by the Committee on the Budget of the Senate.
(i) Vote on final passage of joint resolution
Immediately following the conclusion of
the debate on a joint resolution introduced
under subsection (d), a single quorum call
at the conclusion of the debate if requested
in accordance with the rules of the Senate,
and the disposition of any pending
amendments under subsection (h), the vote on
final passage of the joint resolution shall
occur.
(j) Appeal from decision of Chair
Appeals from the decisions of the Chair
relating to the application of the rules of
the Senate to the procedure relating to a
joint resolution described in subsection (d)
shall be decided without debate.
(k) Conference reports
In the Senate, points of order under
titles III and IV of the Congressional
Budget Act of 1974 [2 U.S.C. 631 et seq.,
651 et seq.] (including points of order
under sections 302(c), 303(a), 306, and
401(b)(1) [2 U.S.C. 633(c), 634(a), 637,
651(b)(1)]) are applicable to a conference
report on the joint resolution or any
amendments in disagreement thereto.
(l) Resolution from other House
If, before the passage by the Senate of
a joint resolution of the Senate introduced
under subsection (d), the Senate receives
from the House of Representatives a joint
resolution introduced under subsection (d),
then the following procedures shall apply:
(1) The joint resolution of the House of Representatives
shall not be referred to a committee.
(2) With respect to a joint resolution introduced under
subsection (d) in the Senate--
(A) the procedure in the Senate shall be the
same as if no joint resolution had been received
from the House; but
(B)(i) the vote on final passage shall be on
the joint resolution of the House if it is
identical to the joint resolution then pending
for passage in the Senate; or
(ii) if the joint resolution
from the House is not identical to
the joint resolution then pending
for passage in the Senate and the
Senate then passes the Senate joint
resolution, the Senate shall be
considered to have passed the House
[[Page 308]]
joint resolution as amended by the
text of the Senate joint resolution.
(3) Upon disposition of the joint resolution received
from the House, it shall no longer be in order to consider
the joint resolution originated in the Senate.
(m) Senate action on House resolution
If the Senate receives from the House of
Representatives a joint resolution
introduced under subsection (d) after the
Senate has disposed of a Senate originated
joint resolution which is identical to the
House passed joint resolution, the action of
the Senate with regard to the disposition of
the Senate originated joint resolution shall
be deemed to be the action of the Senate
with regard to the House originated joint
resolution. If it is not identical to the
House passed joint resolution, then the
Senate shall be considered to have passed
the joint resolution of the House as amended
by the text of the Senate joint resolution.
(Pub. L. 99-177, Title II, Sec. 258B, as
added Pub. L. 101-508, Title XIII,
Sec. 13101(g), Nov. 5, 1990, 104 Stat. 1388-
597.)
310 Sec. 907d. Special reconciliation process
(a) Reporting of resolutions and reconciliation bills and
resolutions, in Senate
(1) Committee alternatives to Presidential order
After the submission of an OMB
sequestration update report under section
904 of this title that envisions a
sequestration under section 902 or 903 of
this title, each standing committee of the
Senate may, not later than October 10,
submit to the Committee on the Budget of the
Senate information of the type described in
section 632(d) of this title with respect to
alternatives to the order envisioned by such
report insofar as such order affects laws
within the jurisdiction of the committee.
(2) Initial Budget Committee action
After the submission of such a report,
the Committee on the Budget of the Senate
may, not later than October 15, report to
the Senate a resolution. The resolution may
affirm the impact of the order envisioned by
such report, in whole or in part. To the
extent that any part is not affirmed, the
resolution shall state which parts are not
affirmed and shall contain instructions to
committees of the Senate of the type
referred to in section 641(a) of this title,
sufficient to achieve at least the total
level of deficit reduction contained in
those sections which are not affirmed.
(3) Response of committees
Committees instructed pursuant to
paragraph (2), or affected thereby, shall
submit their responses to the Budget
Committee no later than 10 days after the
resolution referred to in paragraph (2) is
agreed to, except that if only one such
Committee is so instructed such Committee
shall, by the same date, report to the
Senate a reconciliation bill or
reconciliation resolution containing its
recommendations in response to such
instructions. A committee shall be
considered to have complied with all
instructions to it pursuant to a resolution
adopted under para
[[Page 309]]
graph (2) if it has made recommendations
with respect to matters within its
jurisdiction which would result in a
reduction in the deficit at least equal to
the total reduction directed by such
instructions.
(4) Budget Committee action
Upon receipt of the recommendations
received in response to a resolution
referred to in paragraph (2), the Budget
Committee shall report to the Senate a
reconciliation bill or reconciliation
resolution, or both, carrying out all such
recommendations without any substantive
revisions. In the event that a committee
instructed in a resolution referred to in
paragraph (2) fails to submit any
recommendation (or, when only one committee
is instructed, fails to report a
reconciliation bill or resolution) in
response to such instructions, the Budget
Committee shall include in the
reconciliation bill or reconciliation
resolution reported pursuant to this
subparagraph legislative language within the
jurisdiction of the noncomplying committee
to achieve the amount of deficit reduction
directed in such instructions.
(5) Point of order
It shall not be in order in the Senate
to consider any reconciliation bill or
reconciliation resolution reported under
paragraph (4) with respect to a fiscal year,
any amendment thereto, or any conference
report thereon if--
(A) the enactment of such bill or resolution
as reported;
(B) the adoption and enactment of such
amendment; or
(C) the enactment of such bill or resolution
in the form recommended in such conference
report,
would cause the amount of the deficit
for such fiscal year to exceed the maximum
deficit amount for such fiscal year, unless
the low-growth report submitted under
section 904 of this title projects negative
real economic growth for such fiscal year,
or for each of any two consecutive quarters
during such fiscal year.
(6) Treatment of certain amendments
In the Senate, an amendment which adds
to a resolution reported under paragraph (2)
an instruction of the type referred to in
such paragraph shall be in order during the
consideration of such resolution if such
amendment would be in order but for the fact
that it would be held to be non-germane on
the basis that the instruction constitutes
new matter.
(7) ``Day'' defined
For purposes of paragraphs (1), (2), and
(3), the term ``day'' shall mean any
calendar day on which the Senate is in
session.
(b) Procedures
(1) In general
Except as provided in paragraph (2), in
the Senate the provisions of sections 636
and 641 of this title for the consideration
of concurrent resolutions on the budget and
conference reports thereon shall also apply
to the consideration of resolutions, and
reconciliation bills and reconciliation
resolutions reported under this paragraph
and conference reports thereon.
[[Page 310]]
(2) Limit on debate
Debate in the Senate on any resolution
reported pursuant to subsection (a)(2), and
all amendments thereto and debatable motions
and appeals in connection therewith, shall
be limited to 10 hours.
(3) Limitation on amendments
Section 641(d)(2) of this title shall
apply to reconciliation bills and
reconciliation resolutions reported under
this subsection.
(4) Bills and resolutions received from the House
Any bill or resolution received in the
Senate from the House, which is a companion
to a reconciliation bill or reconciliation
resolution of the Senate for the purposes of
this subsection, shall be considered in the
Senate pursuant to the provisions of this
subsection.
(5) ``Resolution'' defined
For purposes of this subsection, the
term ``resolution'' means a simple, joint,
or concurrent resolution. (Pub. L. 99-177,
Title II, Sec. 258C, as added Pub. L. 101-
508, Title XIII, Sec. 13101(g), Nov. 5,
1990, 104 Stat. 1388-600.)
* * * * * * *
Chapter 20A--STATUTORY PAY-AS-YOU-GO
311 Sec. 931. Purpose
The purpose of this chapter is to reestablish a
statutory procedure to enforce a rule of budget neutrality
on new revenue and direct spending legislation. (Pub. L.
111-139, Title I, Sec. 2, Feb. 12, 2010, 124 Stat. 8.)
312 Sec. 932. Definitions and applications
As used in this chapter--
(1) The term ``BBEDCA'' means the Balanced
Budget and Emergency Deficit Control Act of
1985.
(2) The definitions set forth in section 622
of this title and in section 250 of BBEDCA [2
U.S.C. 900] shall apply to this chapter, except
to the extent that they are specifically
modified as follows:
(A) The term ``outyear'' means a fiscal
year one or more years after the budget
year.
(B) In section 250(c)(8)(C) [2 U.S.C.
900(c)(8)(C)], the reference to the food
stamp program shall be deemed to be a
reference to the Supplemental Nutrition
Assistance Program.
(3) The term ``AMT'' means the Alternative
Minimum Tax for individuals under sections 55-59
of title 26, the term ``EGTRRA'' means the
Economic Growth and Tax Relief Reconciliation
Act of 2001 (Public Law 107-16), and the term
``JGTRRA'' means the Jobs and Growth Tax Relief
and 1 Reconciliation Act of 2003 (Public Law
108-27).
(4)(A) The term ``budgetary effects'' means
the amount by which PAYGO legislation changes
outlays flowing from direct spending or revenues
relative to the baseline and shall be determined
on the basis of estimates prepared under section
933 of this title. Budgetary effects that
increase outlays flowing from direct spending or
decrease revenues are termed ``costs'' and
budgetary effects that increase revenues or
decrease outlays flowing from direct spending
[[Page 311]]
are termed ``savings''. Budgetary effects shall
not include any costs associated with debt
service.
(B) For purposes of these definitions, off-
budget effects shall not be counted as budgetary
effects.
(C) Solely for purposes of recording entries
on a PAYGO scorecard, provisions in
appropriation Acts are also considered to be
budgetary effects for purposes of this chapter
if such provisions make outyear modifications to
substantive law, except that provisions for
which the outlay effects net to zero over a
period consisting of the current year, the
budget year, and the 4 subsequent years shall
not be considered budgetary effects. For
purposes of this paragraph, the term,
``modifications to substantive law'' refers to
changes to or restrictions on entitlement law or
other mandatory spending contained in
appropriations Acts, notwithstanding section
250(c)(8) of BBEDCA [2 U.S.C. 900(c)(8)].
Provisions in appropriations Acts that are
neither outyear modifications to substantive law
nor changes in revenues have no budgetary
effects for purposes of this chapter.
(5) The term ``debit'' refers to the net
total amount, when positive, by which costs
recorded on the PAYGO scorecards for a fiscal
year exceed savings recorded on those scorecards
for that year.
(6) The term ``entitlement law'' refers to a
section of law which provides entitlement
authority.
(7) The term ``PAYGO legislation'' or a
``PAYGO Act'' refers to a bill or joint
resolution that affects direct spending or
revenue relative to the baseline. The budgetary
effects of changes in revenues and outyear
modifications to substantive law included in
appropriation Acts as defined in paragraph (4)
shall be treated as if they were contained in
PAYGO legislation or a PAYGO Act.
(8) The term ``timing shift'' refers to a
delay of the date on which outlays flowing from
direct spending would otherwise occur from the
ninth outyear to the tenth outyear or an
acceleration of the date on which revenues would
otherwise occur from the tenth outyear to the
ninth outyear. (Pub. L. 111-139, Title I,
Sec. 3, Feb. 12, 2010, 124 Stat. 8.)
313 Sec. 933. PAYGO estimates and PAYGO scorecards
(a) PAYGO estimates
(1) Required designation in PAYGO Acts
(A) House of Representatives
To establish the budgetary effects of a
PAYGO Act consistent with the determination made
by the Chairman of the House Budget Committee, a
PAYGO Act originated in or amended by the House
of Representatives may include the following
statement: ``The budgetary effects of this Act,
for the purpose of complying with the Statutory
Pay-As-You-Go-Act of 2010, shall be determined
by reference to the latest statement titled
`Budgetary Effects of PAYGO Legislation' for
this Act, submitted for printing in the
Congressional Record by the Chairman of the
House Budget Committee, provided that such
statement has been submitted prior to the vote
on passage.''.
(B) Senate
To establish the budgetary effects of a
PAYGO Act consistent with the determination made
by the Chairman of the Senate Budget
[[Page 312]]
Committee, a PAYGO Act originated in or amended
by the Senate shall include the following
statement: ``The budgetary effects of this Act,
for the purpose of complying with the Statutory
Pay-As-You-Go-Act of 2010, shall be determined
by reference to the latest statement titled
`Budgetary Effects of PAYGO Legislation' for
this Act, submitted for printing in the
Congressional Record by the Chairman of the
Senate Budget Committee, provided that such
statement has been submitted prior to the vote
on passage.''.
(C) Conference reports and amendments
between the Houses
To establish the budgetary effects of the
conference report on a PAYGO Act, or an
amendment to an amendment between Houses on a
PAYGO Act, which if estimated shall be estimated
jointly by the Chairmen of the House and Senate
Budget Committees, the conference report or
amendment between the Houses shall include the
following statement: ``The budgetary effects of
this Act, for the purpose of complying with the
Statutory Pay-As-You-Go-Act of 2010, shall be
determined by reference to the latest statement
titled `Budgetary Effects of PAYGO Legislation'
for this Act, jointly submitted for printing in
the Congressional Record by the Chairmen of the
House and Senate Budget Committees, provided
that such statement has been submitted prior to
the vote on passage in the House acting first on
this conference report or amendment between the
Houses.''.
(2) Determination of budgetary effects of PAYGO Acts
(A) Original legislation
(i) Statement and estimate
Prior to a vote on passage of a PAYGO
Act originated or amended by one House, the
Chairman of the Budget Committee of that
House may submit for printing in the
Congressional Record a statement titled
``Budgetary Effects of PAYGO Legislation''
which shall include an estimate of the
budgetary effects of that Act, if available
prior to passage of the Act by that House
and shall submit, if applicable, an
identification of any current policy
adjustments made pursuant to section 936 of
this title. The timely submission of such a
statement, in conjunction with the
appropriate designation made pursuant to
paragraph (1)(A) or (1)(B), as applicable,
shall establish the budgetary effects of the
PAYGO Act for the purposes of this Act.
(ii) Effect
The latest statement submitted by the
Chairman of the Budget Committee of that
House prior to passage shall supersede any
prior statements submitted in the
Congressional Record and shall be valid only
if the PAYGO Act is not further amended by
either House.
(iii) Failure to submit estimate
If--
(I) the estimate required by
clause (i) has not been submitted
prior to passage by that House;
(II) such estimate has been
submitted but is no longer valid due
to a subsequent amendment to the
PAYGO Act; or
[[Page 313]]
(III) the designation required
pursuant to this subsection has not
been made;
the budgetary effects of the
PAYGO Act shall be determined under
subsection (d)(3), provided that
this clause shall not apply if a
valid designation is subsequently
included in that PAYGO Act pursuant
to paragraph (1)(C) and a statement
is submitted pursuant to
subparagraph (B).
(B) Conference reports and amendments
between Houses
(i) In general
Prior to the adoption of a report of a committee of
conference on a PAYGO Act in either House, or disposition of
an amendment to an amendment between Houses on a PAYGO Act,
the Chairmen of the Budget Committees of the House and
Senate may jointly submit for printing in the Congressional
Record a statement titled ``Budgetary Effects of PAYGO
Legislation'' which shall include an estimate of the
budgetary effects of that Act if available prior to passage
of the Act by the House acting first on the legislation and
shall submit, if applicable, an identification of any
current policy adjustments made pursuant to section 936 of
this title. The timely submission of such a statement, in
conjunction with the appropriate designation made pursuant
to paragraph (1)(C), shall establish the budgetary effects
of the PAYGO Act for the purposes of this Act.
(ii) Failure to submit estimate
If such estimate has not been submitted prior to the
adoption of a report of a committee of conference by either
House, or if the designation required pursuant to this
subsection has not been made, the budgetary effects of the
PAYGO Act shall be determined under subsection (d)(3).
(3) Procedure in the Senate
In the Senate, upon submission of a statement titled
``Budgetary Effects of PAYGO Legislation'' by the Chairman
of the Senate Budget Committee for printing in the
Congressional Record, the Legislative Clerk shall read the
statement.
(4) Jurisdiction of the Budget Committees
For the purposes of enforcing section 637 of this title,
a designation made pursuant to paragraph (1)(A), (1)(B), or
(1)(C), that includes only the language specifically
prescribed therein, shall not be considered a matter within
the jurisdiction of either the Senate or House Committees on
the Budget.
(b) Omitted
(c) Current policy adjustments for certain legislation
(1) In general
For any provision of legislation that meets the criteria
in subsection (c), (d), (e) or (f) of section 936 of this
title, the Chairs of the Committees on the Budget of the
House and Senate, as applicable, shall request that CBO
adjust the estimate of budgetary effects of that legislation
pursuant to paragraph (2) for the purposes of this chapter.
A single piece of legislation may contain provisions that
meet criteria in more than one of the subsections referred
to in the preceding sentence. CBO shall adjust estimates for
legislation designated under subsection (a)
[[Page 314]]
and estimated under subsection (b). OMB shall adjust
estimates for legislation estimated under subsection (d)(3).
(2) Adjustments
(A) Estimates
CBO or OMB, as applicable, shall exclude from the
estimate of budgetary effects any budgetary effects of a
provision that meets the criteria in subsection (c), (d),
(e) or (f) of section 936 of this title, to the extent that
those budgetary effects, when combined with all other
excluded budgetary effects of any other previously
designated provisions of enacted legislation under the same
subsection of section 936 of this title, do not exceed the
maximum applicable current policy adjustment defined under
the applicable subsection of section 936 of this title for
the applicable 10-year period.
(B) Baseline
Any estimate made pursuant to subparagraph (A) shall be
prepared using baseline estimates supplied by the
Congressional Budget Office, consistent with section 907 of
this title. CBO estimates of legislation adjusted for
current policy shall include a separate presentation of
costs excluded from the calculation of budgetary effects for
the legislation, as well as an updated total of all excluded
costs of provisions within subsection (c), (d), or (e) of
section 936 of this title, as applicable, and in the case of
paragraph (1) of section 936(f) of this title, within any of
the subparagraphs (A) through (L) of such paragraph, as
applicable.
(3) Limitation on availability of excess savings
(A) Prohibition on use of excess saving for
ineligible policies
To the extent the adjustment for current policy of any
provision estimated under this subsection exceeds the
estimated budgetary effects of that provision, these excess
savings shall not be available to offset the costs of any
provisions not otherwise eligible for a current policy
adjustment under section 936 of this title, and shall not be
counted on the PAYGO scorecards established pursuant to
subsections (d)(4) and (d)(5).
(B) Prohibition on use of excess savings
across budget areas
For provisions eligible for a current policy adjustment
under subsections (c) through (f) of section 936 of this
title, to the extent the adjustment for current policy of
any provision exceeds the estimated budgetary effects of
that same provision, the excess savings shall be available
only to offset the costs of other provisions that qualify
for a current policy adjustment in that same subsection.
Each paragraph in section 936(f)(1) of this title shall be
considered a separate subsection for purposes of this
section.
(4) Further guidance on estimating budgetary effects
Estimates of budgetary effects under this subsection
shall be consistent with the guidance provided at section
936(h) of this title.
(5) Inclusion of statement
For PAYGO legislation adjusted pursuant to section 936
of this title, the Chairman of the House or Senate Budget
Committee, as applicable, shall include in any statement
titled ``Budgetary Effects of PAYGO Legislation'', submitted
for that legislation pursuant to this section, an
explanation of the current policy designation and
adjustments.
[[Page 315]]
(d) OMB PAYGO scorecards
(1) In general
OMB shall maintain and make publicly
available a continuously updated document
containing two PAYGO scorecards displaying the
budgetary effects of PAYGO legislation as
determined under section 639 of this title,
applying the look-back requirement in subsection
(e) and the averaging requirement in subsection
(f), and a separate addendum displaying the
estimates of the costs of provisions designated
in statute as emergency requirements.
(2) Estimates in legislation
Except as provided in paragraph (3), in
making the calculations for the PAYGO
scorecards, OMB shall use the budgetary effects
included by reference in the applicable
legislation pursuant to subsection (a).
(3) OMB PAYGO estimates
If a PAYGO Act does not contain a valid
reference to its budgetary effects consistent
with subsection (a), OMB shall estimate the
budgetary effects of that legislation upon its
enactment. The OMB estimate shall be based on
the approaches to scorekeeping set forth in
section 639 of this title, as amended by this
title, and subsection (g)(4), and shall use the
same economic and technical assumptions as used
in the most recent budget submitted by the
President under section 1105(a) of title 31.
(4) 5-year scorecard
The first scorecard shall display the
budgetary effects of PAYGO legislation in each
year over the 5-year period beginning in the
budget year.
(5) 10-year scorecard
The second scorecard shall display the
budgetary effects of PAYGO legislation in each
year over the 10-year period beginning in the
budget year.
(6) Community Living Assistance Services and Supports
Act
Neither scorecard maintained by OMB pursuant
to this subsection shall include net savings
from any provisions of legislation titled
``Community Living Assistance Services and
Supports Act'', which establishes a Federal
insurance program for long-term care, if such
legislation is enacted into law, or amended,
subsequent to February 12, 2010.
(e) Look-back to capture current-year effects
For purposes of this section, OMB shall treat the
budgetary effects of PAYGO legislation enacted during a
session of Congress that occur during the current year as
though they occurred in the budget year.
(f) Averaging used to measure compliance over 5-year and 10-
year periods
OMB shall cumulate the budgetary effects of a PAYGO Act
over the budget year (which includes any look-back effects
under subsection (e)) and--
(1) for purposes of the 5-year scorecard
referred to in subsection (d)(4), the four
subsequent outyears, divide that cumulative
total by five, and enter the quotient in the
budget-year column and in each subsequent column
of the 5-year PAYGO scorecard; and
[[Page 316]]
(2) for purposes of the 10-year scorecard
referred to in subsection (d)(5), the nine
subsequent outyears, divide that cumulative
total by ten, and enter the quotient in the
budget-year column and in each subsequent column
of the 10-year PAYGO scorecard.
(g) Emergency legislation
(1) Designation in statute
If a provision of direct spending or revenue
legislation in a PAYGO Act is enacted as an
emergency requirement that the Congress so
designates in statute pursuant to this section,
the amounts of new budget authority, outlays,
and revenue in all fiscal years resulting from
that provision shall be treated as an emergency
requirement for the purposes of this Act.
(2) Designation in the House of Representatives
If a PAYGO Act includes a provision
expressly designated as an emergency for the
purposes of this chapter, the Chair shall put
the question of consideration with respect
thereto.
(3) Point of order in the Senate
(A) In general
When the Senate is considering a PAYGO Act,
if a point of order is made by a Senator against
an emergency designation in that measure, that
provision making such a designation shall be
stricken from the measure and may not be offered
as an amendment from the floor.
(B) Supermajority waiver and appeals
(i) Waiver
Subparagraph (A) may be waived or
suspended in the Senate only by an
affirmative vote of three-fifths of the
Members, duly chosen and sworn.
(ii) Appeals
Appeals in the Senate from the decisions
of the Chair relating to any provision of
this subsection shall be limited to 1 hour,
to be equally divided between, and
controlled by, the appellant and the manager
of the bill or joint resolution, as the case
may be. An affirmative vote of three-fifths
of the Members of the Senate, duly chosen
and sworn, shall be required to sustain an
appeal of the ruling of the Chair on a point
of order raised under this subsection.
(C) Definition of an emergency designation
For purposes of subparagraph (A), a
provision shall be considered an emergency
designation if it designates any item as an
emergency requirement pursuant to this
subsection.
(D) Form of the point of order
A point of order under subparagraph (A) may
be raised by a Senator as provided in section
644(e) of this title.
(E) Conference reports
When the Senate is considering a conference
report on, or an amendment between the Houses in
relation to, a PAYGO Act, upon a point of order
being made by any Senator pursuant to this
section, and such point of order being
sustained, such material contained
[[Page 317]]
in such conference report shall be deemed
stricken, and the Senate shall proceed to
consider the question of whether the Senate
shall recede from its amendment and concur with
a further amendment, or concur in the House
amendment with a further amendment, as the case
may be, which further amendment shall consist of
only that portion of the conference report or
House amendment, as the case may be, not so
stricken. Any such motion in the Senate shall be
debatable. In any case in which such point of
order is sustained against a conference report
(or Senate amendment derived from such
conference report by operation of this
subsection), no further amendment shall be in
order.
(4) Effect of designation on scoring
If a provision is designated as an emergency
requirement under this Act, CBO or OMB, as
applicable, shall not include the budgetary
effects of such a provision in its estimate of
the budgetary effects of that PAYGO legislation.
(Pub. L. 111-139, Title I, Sec. 4, Feb. 12,
2010, 124 Stat. 9.)
* * * * * * *
314 Sec. 938. Determinations and points of order
Nothing in this chapter shall be construed as limiting
the authority of the chairmen of the Committees on the
Budget of the House and Senate under section 643 of this
title. CBO may consult with the Chairmen of the House and
Senate Budget Committees to resolve any ambiguities in this
chapter. (Pub. L. 111-139, Title I, Sec. 12, Feb. 12, 2010,
124 Stat. 29.)
315 Sec. 939. Limitation on changes to the Social Security Act
(a) Limitation on changes to the Social Security Act
Notwithstanding any other provision of law, it shall not
be in order in the Senate or the House of Representatives to
consider any bill or resolution pursuant to any expedited
procedure to consider the recommendations of a Task Force
for Responsible Fiscal Action or other commission that
contains recommendations with respect to the old-age,
survivors, and disability insurance program established
under title II of the Social Security Act [42 U.S.C. 401 et
seq.], or the taxes received under subchapter A of chapter
9; the taxes imposed by subchapter E of chapter 1; and the
taxes collected under section 86 of part II of subchapter B
of chapter 1 of the Internal Revenue Code.
(b) Waiver
This section may be waived or suspended in the Senate
only by the affirmative vote of three-fifths of the Members,
duly chosen and sworn.
(c) Appeals
An affirmative vote of three-fifths of the Members of
the Senate, duly chosen and sworn, shall be required in the
Senate to sustain an appeal of the ruling of the Chair on a
point of order raised under this section. (Pub. L. 111-139,
Title I, Sec. 13, Feb. 12, 2010, 124 Stat. 29.)
[[Page 318]]
Chapter 24--CONGRESSIONAL ACCOUNTABILITY
316 Sec. 1383. Procedural rules
(a) In general
The Executive Director shall, subject to the approval of
the Board, adopt rules governing the procedures of the
Office, including the procedures of hearing officers, which
shall be submitted for publication in the Congressional
Record. The rules may be amended in the same manner.
(b) Procedure
The Executive Director shall adopt rules referred to in
subsection (a) in accordance with the principles and
procedures set forth in section 553 of title 5. The
Executive Director shall publish a general notice of
proposed rulemaking under section 553(b) of title 5, but,
instead of publication of a general notice of proposed
rulemaking in the Federal Register, the Executive Director
shall transmit such notice to the Speaker of the House of
Representatives and the President pro tempore of the Senate
for publication in the Congressional Record on the first day
on which both Houses are in session following such
transmittal. Before adopting rules, the Executive Director
shall provide a comment period of at least 30 days after
publication of a general notice of proposed rulemaking. Upon
adopting rules, the Executive Director shall transmit notice
of such action together with a copy of such rules to the
Speaker of the House of Representatives and the President
pro tempore of the Senate for publication in the
Congressional Record on the first day on which both Houses
are in session following such transmittal. Rules shall be
considered issued by the Executive Director as of the date
on which they are published in the Congressional Record.
(Pub. L. 104-1, Title III, Sec. 303, Jan. 23, 1995, 109
Stat. 28.)
317 Sec. 1384. Substantive regulations
(a) Regulations
(1) In general
The procedures applicable to the regulations
of the Board issued for the implementation of
this chapter, which shall include regulations
the Board is required to issue under subchapter
II (including regulations on the appropriate
application of exemptions under the laws made
applicable in subchapter II) are as prescribed
in this section.
(2) Rulemaking procedure
Such regulations of the Board--
(A) shall be adopted, approved, and
issued in accordance with subsection (b);
and
(B) shall consist of 3 separate bodies
of regulations, which shall apply,
respectively, to--
(i) the Senate and employees of
the Senate;
(ii) the House of
Representatives and employees of the
House of Representatives; and
(iii) all other covered
employees and employing offices.
(b) Adoption by Board
The Board shall adopt the regulations referred to in
subsection (a)(1) in accordance with the principles and
procedures set forth in section
[[Page 319]]
553 of title 5 and as provided in the following provisions
of this subsection:
(1) Proposal
The Board shall publish a general notice
of proposed rulemaking under section 553(b)
of title 5, but, instead of publication of a
general notice of proposed rulemaking in the
Federal Register, the Board shall transmit
such notice to the Speaker of the House of
Representatives and the President pro
tempore of the Senate for publication in the
Congressional Record on the first day on
which both Houses are in session following
such transmittal. Such notice shall set
forth the recommendations of the Deputy
Director for the Senate in regard to
regulations under subsection (a)(2)(B)(i),
the recommendations of the Deputy Director
for the House of Representatives in regard
to regulations under subsection
(a)(2)(B)(ii), and the recommendations of
the Executive Director for regulations under
subsection (a)(2)(B)(iii).
(2) Comment
Before adopting regulations, the Board
shall provide a comment period of at least
30 days after publication of a general
notice of proposed rulemaking.
(3) Adoption
After considering comments, the Board
shall adopt regulations and shall transmit
notice of such action together with a copy
of such regulations to the Speaker of the
House of Representatives and the President
pro tempore of the Senate for publication in
the Congressional Record on the first day on
which both Houses are in session following
such transmittal.
(4) Recommendation as to method of approval
The Board shall include a recommendation
in the general notice of proposed rulemaking
and in the regulations as to whether the
regulations should be approved by resolution
of the Senate, by resolution of the House of
Representatives, by concurrent resolution,
or by joint resolution.
(c) Approval of regulations
(1) In general
Regulations referred to in paragraph
(2)(B)(i) of subsection (a) may be approved by
the Senate by resolution or by the Congress by
concurrent resolution or by joint resolution.
Regulations referred to in paragraph (2)(B)(ii)
of subsection (a) may be approved by the House
of Representatives by resolution or by the
Congress by concurrent resolution or by joint
resolution. Regulations referred to in paragraph
(2)(B)(iii) may be approved by Congress by
concurrent resolution or by joint resolution.
(2) Referral
Upon receipt of a notice of adoption of
regulations under subsection (b)(3), the
presiding officers of the House of
Representatives and the Senate shall refer such
notice, together with a copy of such
regulations, to the appropriate committee or
committees of the House of Representatives and
of the Senate. The purpose of the referral shall
be to consider whether such regulations should
be approved, and, if so, whether such approval
should be by resolu
[[Page 320]]
tion of the House of Representatives or of the
Senate, by concurrent resolution or by joint
resolution.
(3) Joint referral and discharge in the Senate
The presiding officer of the Senate may
refer the notice of issuance of regulations, or
any resolution of approval of regulations, to
one committee or jointly to more than one
committee. If a committee of the Senate acts to
report a jointly referred measure, any other
committee of the Senate must act within 30
calendar days of continuous session, or be
automatically discharged.
(4) One-House resolution or concurrent resolution
In the case of a resolution of the House of
Representatives or the Senate or a concurrent
resolution referred to in paragraph (1), the
matter after the resolving clause shall be the
following: ``The following regulations issued by
the Office of Congressional Workplace Rights on
_____ are hereby approved:'' (the blank space
being appropriately filled in, and the text of
the regulations being set forth).
(5) Joint resolution
In the case of a joint resolution referred
to in paragraph (1), the matter after the
resolving clause shall be the following: ``The
following regulations issued by the Office of
Congressional Workplace Rights on _____ are
hereby approved and shall have the force and
effect of law:'' (the blank space being
appropriately filled in, and the text of the
regulations being set forth).
(d) Issuance and effective date
(1) Publication
After approval of regulations under
subsection (c), the Board shall submit the
regulations to the Speaker of the House of
Representatives and the President pro tempore of
the Senate for publication in the Congressional
Record on the first day on which both Houses are
in session following such transmittal.
(2) Date of issuance
The date of issuance of regulations shall be
the date on which they are published in the
Congressional Record under paragraph (1).
(3) Effective date
Regulations shall become effective not less
than 60 days after the regulations are issued,
except that the Board may provide for an earlier
effective date for good cause found (within the
meaning of section 553(d)(3) of title 5) and
published with the regulation.
(e) Amendment of regulations
Regulations may be amended in the same manner as is
described in this section for the adoption, approval, and
issuance of regulations, except that the Board may, in its
discretion, dispense with publication of a general notice of
proposed rulemaking of minor, technical, or urgent
amendments that satisfy the criteria for dispensing with
publication of such notice pursuant to section 553(b)(B) of
title 5. (Pub. L. 104-1, Title III, Sec. 304, Jan. 23, 1995,
109 Stat. 29; Pub. L. 115-397, Title III, Sec. 308(b)(12),
(13), Dec. 21, 2018, 132 Stat. 5326.)
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3 u.s.c.--the president
united states senate procedures enacted in law